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AMERICAN GOVERNMENT : 



WITH A CONSIDERATION OF THE 



PROBLEMS OF DEMOCRACY 



/ 

FRANK ABBOTT MAGRUDER, Ph.D. 

W 

INSTRUCTOR OF POLITICS IN PRINCETON 
UNIVERSITY 



"It is the duty of the government to make it easy 
for the people to do right, and difficult for the 
people to do wrong." — W. E. Gladstone. 



1917 
ALLYN AND BACON 



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COPYRIGHT, 1917, 
BY FRANK ABBOTT MAGRUDER. 



MAY -8 1917 



Nortoooli iPtess 

J. S. Gushing Co. — Berwick & Smith Co. 

Norwood, Mass., U.S.A. 



'CI.A460644 -- ^ 



PREFACE 

The aims of Americaji Govarnment may be summed up under 
four heads : — 

First, to impress upon the pupil his responsibility, as a 
future citizen, for the development of better government. 

Second, to show how the state has developed from a simple 
organization for defence to the complex socialized society of 
to-day ; and to make it clear that government is not operated 
according to preconceived theories, but is a living organism 
developed by the people to meet the needs resulting from 
changing conditions ; to show, for example, that the Constitu- 
tion of the United States is not a dead contract, but a living 
agreement which has developed with time and has adapted 
itself to economic and social conditions. 

Third, to explain the actual operation of the National, State, 
and Local governments, emphasizing the functions of govern- 
ment without neglecting the necessary details of frame-work. 

Fourth, to make plain the influence of the judiciary ; and to 
present the political and social problems of to-day, such as the 
initiative, referendum, recall, short ballot, woman suffrage, 
industrial education, and prohibifcion. 

The author has endeavored to make all important facts stand 
out clearly, by separating details from the main text, by ex- 
plaining fully in footnotes all necessary technical terms, and 
by placing interesting collateral material in the questions for 
discussion. The text is further simplified by brief examples, 
outlines, diagrams, maps, and illustrations taken from all sec- 
tions of the country, the details regarding each State being 
given in their proper setting. 



yi PREFACE 

The treatment of the National government precedes that of 
State and Local governments, because the National govern- 
ment is the general type followed by all of the States ; because 
it is simpler to treat the State governments by showing that 
they exercise all those powers not delegated to the National 
government ; and because it is easier to arouse the students' 
interest by approaching the larger subject first. However, if 
the teacher prefers to commence with Local government, he 
may begin with Chapters XXIII and XXIV and follow these 
with Chapters XVIII to XXII, I to XVII, and XXV to XXIX 
in succession, without loss of sequence. 

As special aid to pupils and teachers, questions on the text, 
and questions for discussion which show the local application 
of the context, have been placed at the end of each chapter. 
Attention is called to Appendix II, which gives further sug- 
gestions to teachers, and a select list of reference works that 
may be used in connection with the course. 

The author is greatly indebted to Professor W. W. Wil- 
loughby of the Johns Hopkins University, who read the entire 
manuscript and offered many valuable suggestions ; also to 
many friends and government officials who have read portions 
of the text. He also acknowledges the discriminating assist- 
ance of his wife in the planning and execution of the work. 

FRANK ABBOTT MAGRUDER. 
Princeton, 

February, 1917, 



CONTENTS 



CHAPTEB 

I. Importance of Government . 

11. Development of the State 

III. Origin of the Federal Constitution 

IV. The Federal System of Government 
V. The Legislative Department 

VI. The Powers of Congress 

VII. Congress in Action . 

VIII. The Executive Department . 

IX. The Department op State 

X. The Treasury Department 

XI. War, Navy, Justice, and Post-Office Departments 

XII. Interior, Agriculture, Commerce, and Labor De 
partments ..... 

XIII. Boards and Commissions . 

XIV. The Judicial Department 
XV. Civil Rights ..... 

XVI. Territories and Foreign Possessions 

XVII, Political Parties and Politics 

XVIII. State Constitutions 

XIX. State Legislatures .... 

XX. State Governors . . 

XXI. State Courts ..... 

XXII. Civil and Criminal Procedure 

XXIII. County and Township Government 

XXIV. Village and City Government 

vii 



PAGE 
1 

19 

28 

40 

53 

69 

89 

104 

127 

136 

151 

167 
179 
193 
206 
216 
227 
241 
251 
266 
278 
289 
301 
327 



Vlll 



CONTENTS 



CHAPTER PAGE 

XXV. Suffrage 352 

XXVI. Nominations and Elections . . . . . 365 

XXVII. State Finance 384 

XXVIII. Public Education 394 

XXIX. Social Legislation 417 

Appendix : 

I. Constitution of the United States — Annotated . 429 

II. Suggestions ......... 452 

III. Public Documents 454 

Index ............. 1 



ILLUSTRATIONS 



The Supreme Court of the United States, 1917 . . . Frontispiece 

PAGE 

Firing Twelve-inch Mortars at Fort Totten, New York ... 4 

Immigrants at Ellis Island Awaiting Physical Examination . . 6 

New York Public Library 8 

A Fifteen-million-dollar Set of Books 10 

Weaving Treecloth Mattresses 11 

The Government Teaching the Art of Road Making . ... 11 

A Road in Spottsylvania County, Virginia, before Improvement . 12 

Tlie Same Road after Improvement by the Government ... 13 

Arrow Rock Dam, Idaho, under Construction 14 

A Primitive Fisherman ......... 19 

A Shepherd with His Flock 20 

An Ancient Slave Tilling the Soil 21 

An Early Type of Merchant Vessel 21 

A Primitive Hand Loom ......... 22 

The National City Bank of New York 22 

The Government in the Express Business 23 

Carpenters' Hall, Philadelphia 30 

Independence Hall 35 

The United States Capitol 54 

Fulton's First Steamboat 71 

The First Railroad Train 72 

Interstate Telegraph Lines 73 

The Wireless Station at Arlington 73 

United States Custom House at Philadelphia 78 

The Senate Building 90 

Democratic Members of the Ways and Means Committee of the 

Sixty-second Congress 93 

The Executive Offices, Showing the White House to the Right . HO 
President Wilson Reviewing the West Point Cadets . . .115 

President Wilson Addressing Congress in Joint Session . . . 117 

ix 



X ILLUSTRATIONS 

PAGE 

President Wilson and His Cabinet 122 

State, War, and Navy Building 128 

United States Embassy at Berlin 130 

South Front of the United States Treasury Building , . . 136 
United States Customs Officer Examining Diamonds for Appraise- 
ment 138 

United States Custom House, New York 139 

A Customs Examiner, New York 140 

United States Mint at Philadelphia 142 

Money Laundering Machines 145 

Coast Defence Drill by West Point Cadets 152 

Army War College, Washington, D. C 154 

The First Armored Car Completed for the United States Army . 165 

Automobile Machine Gun 156 

Atlantic Fleet 157 

The Federal Prison at Fort Leavenworth, Kansas .... 159 

Washington City Post Office, with Union Station Adjoining . . 160 

Clerks Assorting Mail in Railway Mail Car 161 

Stamp Printing Machine 162 

United States Geological Surveyor at Work 168 

One Wing of the Agricultural Department Building, Washing- 
ton, D. C 171 

Ellis Island 174 

Future Citizens of America 176 

Municipal Building, Washington, D. C 180 

The Library of Congress, Washington, D, C. . . . . . 189 

The United States Supreme Court Room 198 

United States Government Railroad 219 

The First Philippine Assembly, 1907 222 

The Panama Canal 224 

Two-hundred-ton Sixteen-inch Disappearing Gun for the Panama 

Fortification 224 

The Republican National Convention in Chicago .... 233 

New York State Capitol 243 

Texas State Capitol 256 

Governor's Mansion, Annapolis, Maryland 266 

A Mounted Squad of Pennsylvania Constabulary .... 269 

Pennsylvania Constabulary off to Answer a Hurry Call . . . 270 

A Room in the White House 273 

Night Court for Women, New York City ...... 280 

Judge Lindsey Holding His Juvenile Court, Denver, Colorado . 281 

Road-building Machine on the Pacific Highway, Oregon . . . 302 



ILLUSTRATIONS xi 

PAGE 

Road Building on the Pacific Highway, Oregon .... 303 

Cook County Hospital in Chicago 306 

Multnomah County Library, Portland, Oregon .... 307 

Rockingham County Court House, Harrisonburg, Virginia . . 308 

Town Hall, Dover, Massachusetts 317 

The Municipal Building, New York 332 

The Union Station, Washington, D. C 342 

Cleveland's Three-cent-fare Trolley Car 348 

The Water Supply of Los Angeles Siphons Itself over Mountains . 344 

The Handomest Police Woman in America 345 

Forsyth Dental Infirmary, Boston ....... 346 

Woman Suffragists Presenting Their Petition to Congress . . 357 

A Suffragette Speaking to Wall Street Men 358 

Forty Thousand Woman Suffragists Parading on Fifth Avenue, 

New York 359 

President Wilson Voting in Princeton, New Jersey .... 372 

For Experts Only 375 

Corridor, Webster School, St. Louis 394 

Penny Lunch in a Chicago School . . . . . . . 395 

Gary-Plan Class in Mental Arithmetic 396 

Studying Music Appreciation v^ith the Victor, Seattle, Washington 397 

High School and Stadium, Tacoma, Washington .... 397 

Redondo, California, Union High School , 398 

Civic Auditorium in Redondo Union High School .... 399 

Singing v^ith the Victor, South High School, Minneapolis . . 399 

Home Economics Exhibit Car, Cornell University .... 400 

Tent for Home Economics Traveling Exhibit, University of Texas . 402 

Trade Dressmaking Taught in Pratt Institute, Brooklyn, New York 405 

The Whiskey Telescope — Scientifically Accurate .... 419 

A Sixteen-year-old Victim of the Hookworm Disease . . . 423 

The Same Girl after Treatment for Hookworm .... 423 

Recreation Grounds, Worcester, Massachusetts .... 424 

A Playground on the Roof of a New York City School . . . 424 



FACSIMILES, DIAGRAMS, AND MAPS 



Claims in 
Opposite 



Republican Government Fifty Years Ago . 
Republican Government To-day .... 
Map of the Thirteen Independent States and Their 

1783 

Stones in the Monument to Union .... 

Four Ways of Amending the Constitution of the United States 

Diagram Illustrating the Division of Powers 

Principal Floor of the Capitol 

Hall of Representatives 

Diagram Representing Congressional Districts . 

South Carolina Gerrymandered, 1890 

The Original Gerrymander ..... 

Senate Chamber 

Official Presidential Ballot of Princeton, New Jersey 

Map Showing the Twelve Federal Reserve Districts 

Judicial Districts of the Third Judicial Circuit 

Judicial Circuits of the United States 

Map of Hawaii .... 

Map of Alaska .... 

Map of Porto Rico . 

Map of the Philippines 

Map of the Panama Canal Zone 

State Senatorial Districts of New York State 

Number of Assemblymen in New York Counties 

Plan of a Court Room 

Meridians and Base Lines of Geographical Townships 

Ranges East and West of the Second Prime Meridian (Fig 

Township Subdivided into Sections (Fig. 2) 

Section Subdivided (Fig. 3) . . . 

Economic Waste in Distribution of Milk in Rochester, New York 

Woman Suffrage Map of the United States 

Republican Primary Ticket for Princeton, New Jersey 



1) 



PAGE 

24 
25 

33 

37 

49 

51 

55 

57 

58 

59 

60 

62 

108 

185 

194 

197 

216 

218 

220 

221 

223 

251 

252 

290 

322 

323 

324 

324 

347 

356 

370 



xiv FACSIMILES, DIAGRAMS, AND MAPS 

TAGS 

Official Ballot for Princeton, New Jersey 373 

Birmingham's Non-partisan Short Ballot 376 

Cleveland's Non-partisan Preferential Short Ballot .... 377 
Ashtabula's Non-partisan Preferential Proportional Representation 

Short Ballot 378 

Location of Institutions of Higher Learning 401 

Chart Showing Proportional Expenditure of States for Education . 403 

Prohibition Map of the United States 421 



AMERICAN GOVERNMENT 

CHAPTER I 

IMPORTANCE OF GOVERNMENT 

1. Creation of a Government. — The Pilgrims found a spot "fit 
for situation" and landed at Plymouth, Massachusetts, 
December 22, 1620. No civilized government ^ existed on these 
new shores,^ and the Pilgrims, although a religious people, 
realized that they would be unable to preserve order among 
themselves and maintain protection against the Indians without 
government and laws. In fact, dissensions on the Mayflower 
had already impressed them with the necessity of establishing 
a government. 

Accordingly, while lying off Cape Cod, the forty-one male 
adults signed the following agreement : " We whose names are 
under-written . . . doe . . . combine ourselves together into 
a civill body politick ... to enact . . . such just and equall 
laws . . . from time to time as shall be thought most meete 
and convenient for ye generall good of ye Colonic, unto which 
we promise all due submission and obedience." Thus a new 
government came into existence. 

2. Why Government is Important. — Government is important 
because through cooperation we are able to maintain peace, 
security, justice, and public services more easily than if indi- 
viduals acted singly. 

Each individual may not directly assist in maintaining 
peace, security, justice, and public services ; but every person 

1 A government is the agency through which the purposes of a state are 
formulated and executed. 

2 By " new shores " is meant the New England shores. A government had 
existed in Virginia since 1607. 

1 



2 IMPORTANCE OF GOVERNMENT [§ 3 

who has money to spend contributes liis part toward the sup- 
port of those who are employed to do the work. In general the 
head of each family contributes annually, directly or indirectly, 
to the governments of the United States, of his State, and of 
his local district about as much as he earns in a month. 

3. The Cost of Government. — The expenditures of our na- 
tional government exceed $1,000,000,000 a year ; those of our 
State, county, and district governments are about $1,000,000,- 
000 ; and organized villages, towns, and cities spend another 
$1,000,000,000. Thus our various governments cost us about 
$3,000,000,000 a year, or an average of about $30 for each 
man, woman, and child in the United States.-^ (See Sees. 79 
and 246.) 

4. How the Cost of Government is Borne. — The cost of gov- 
ernment is borne by individuals through taxation. Taxes 
are paid to the respective governments either directly or 
indirectly. If paid directly the owner of property pays the 
assessed amount of taxes to the collector directly, but if paid 
indirectly he pays it in the form of rent or in the purchase 
price of articles that he consumes. To illustrate, the owner of 
a house usually pays a State tax, county tax, township tax (or 
city tax if he lives in a city) directly to the officers of these 
governments ; but in case a house is rented, although the owner 
of the house hands over the money to the tax collector, the 
renter really pays it, for the owner charges more rent than 
he would if he had no taxes to pay. (See Sec. 44.) 

United States taxes are nearly all paid indirectly. The 
manufacturers of whiskey, tobacco, playing cards, and oleo- 
margarine pay taxes to the United States government and then 
sell these products at a price high enough to enable them to 
pay the tax and earn a profit. The person who uses the 
articles really pays the tax. (See Sec. 45.) 

1 It should be understood that the average cost of government for persons 
living in large cities, where taxes are high, is much more than S 30 a year ; 
whereas the average cost for persons living in rural communities, where taxes 
are low, is much less. 



§ 6] THE BENEFITS OF GOVERNMENT 3 

About two thousand articles imported into the United States 
from foreign countries are also taxed by the United ' States. 
The importer pays the tax and then sells the articles at an 
advanced price ; so the consumer is really the man who pays 
the tax. 

5. Increased Cost of Government. — The cost of the national 
government has increased from an average of $2 per capita 
for the period before the Civil War to $10 per capita now — 
fivefold. The cost of our other governments has in like 
manner increased. But the services rendered the people by 
these governments have also increased, and the governments 
have so protected property and encouraged industry that the 
average estimated wealth per capita in the United States has 
increased from $300 in 1850 to almost $2000 in 1910 — 
nearly sevenfold. So it is easier for the people of the United 
States to pay an average of $10 a person to the support of the 
national government now than it was to pay $2 in 1850. 

6. The Benefits of Government. — Most people feel that they 
receive little in exchange for the amount of taxes which they 
pay, but if they would consider the innumerable benefits 
they derive from government they would support it cheerfully. 
Let us name and discuss briefly a few of the benefits of govern- 
ment. 

(1) Government Enables Us to be Independent of Foreign 
Countries. — As soon as the thirteen American colonies declared 
themselves independent of England they established state 
governments in order to gain their independence. When the 
separation was acknowledged by the mother country each 
state was so small that it was in great danger of being seized 
by one of the European powers, and in order to secure their 
independence and have the European countries treat them 
as equals they were obliged to form a strong United States. 

To-day if it were not for the United States army and navy 
your home and billions of dollars worth of property in cities 
on navigable streams might be blown to destruction by English 
or G-erman shells. No individual could protect his own 



IMPORTANCE OF GOVERNMENT 



property against such attacks because the maintenance of an 
army and a navy costs hundreds of millions of dollars a year. 




Copyright, Underwood & Underwood, N. Y. 
Firing Twelve-Inch Mortars at Fort Totten, New York. 



Of course these nations would not destroy our property with- 
out some cause, but the cause might be an unreasonable one. 

(2) Government Protects our Property from Criminals. — If 
it were not for the sheriffs, constables, and policemen, per- 
sons who are known to carry large amounts of money would 
never be safe ; indeed persons who carry any money would be 
in constant danger of being robbed. Furthermore, every night 
one would retire with the dread of being murdered for the few 
pieces of silver in the house, and on getting up one would 
seldom find the bottle of milk which the milkman leaves at 
the door before daylight. 

To-day if a crime is committed in your neighborhood, a 
policeman can be called by telephone, and if the criminal is 
not caught at once, news of the crime will flash to all nearby 
towns and cities. In some cities or thickly settled communi- 
ties a thousand policemen can be notified in ten minutes. For 



§6] THE BENEFITS OF GOVERNMENT 5 

instance, if a crime is committed in Princeton, New Jersey, 
the police headquarters of Trenton (ten miles away) and other 
nearby cities are notified. The Trenton headquarters will 
flash a light in the police box on each policeman's beat, and 
every policeman will see the signal, go to the box, and learn 
the nature of the crime by telephone. 

(3) Government Maintains Peace and Order. — In our early 
days a list hght was the most persuasive argument in settling 
a political dispute, and if the parties involved held a social 
position Avhich made a fist fight unbecoming a duel answered 
as well. To-day an officer is at hand to prevent a fight in any 
public place, and insults are commonly settled by libel or 
slander suits. When satisfactory courts exist to enforce the 
law, people of to-day frown upon those who attempt to settle 
their differences by physical force instead of resorting to the 
courts. 

(4) Government Performs Functions Which Would be Unprofit- 
able as Private Ventures. — Individuals or companies would 
not find it profitable to perform any of the following functions 
in the large and accommodating manner in which our govern- 
ments perform, them. 

(a) Protection to Health. — The United States Public Health 
Service Bureau employs 2000 persons, of whom there are 150 
commissioned surgeons and 250 acting assistant surgeons. 
This service seeks, so far as it is able, to protect the civilian 
population of the country from disease.^ It does this by in- 
vestigating the causes of such diseases as yellow fever, typhoid 
fever, malaria, Eocky Mountain spotted fever, hookworm, and 
pellagra, and the best methods to prevent them. For instance, 
it regulates the interstate traffic in vaccines, antitoxins, and 
viruses in order to insure their good quality. 

The Public Health Service Bureau maintains numerous 
quarantine stations in the United States. At Shanghai, Cal- 

1 The Army Medical Corps is responsible for the health of the fighting units 
on land and the Medical Corps of the United States Navy cares for the health 
of the fighting men while afloat. 



6 



IMPORTANCE OF GOVERNMENT 



[§6 



cutta, Naples, Havana, and some thirty other important places 
in different parts of the world highly trained " health scouts " 
are stationed to watch for contagious diseases and keep the 




Copyright, Uiifhrirood & Underwood, N. Y. 

Immigrants at Ellis Island Awaiting Physical Examination. 
Immigrants with contagious diseases are put asliore at the quarantine station. 

home office informed. American consuls who are stationed in 
some 500 leading cities of the world make written reports of 
health conditions to the Public Health Bureau in Washington 
and see that commodities from infected districts are not shipped 
to the United States. State and city health officers through- 
out the United States make like reports to this bureau. 

From each week's accumulation of health reports of the 
world a bulletin is compiled and distributed to these numerous 
health and consular officers, so that they may know what 
disease to look for on a ship coming from a port where disease 
exists. Thus, if plague breaks out at Calcutta to-day the 
Washington authorities know it at once, and notify our chain 
of health police to guard the 17,000 miles of American coast line. 



§ 6] THE BENEFITS OF GOVERNMENT 7 

A Seventeenth Century English author mcidentally mentions 
the fact that every fourth person in a large representative 
audience was horribly disfigured by the smallpox. With our 
modern travel of persons and interchange of commodities in 
commerce we should never be safe from smallpox, cholera, 
yellow fever, and other dreaded diseases if it were not for our 
public health service. Should we begrudge the taxes we pay 
to insure us against such calamities ? 

States, counties, and cities also have their health depart- 
ments to safeguard the health of the community. These de- 
partments educate the people in the prevention of diseases, 
establish quarantines, order general vaccination, and regularly 
inspect the water, milk, and other food supplies that are most 
likely to carry disease germs. 

(b) Protection to Life. — In addition to the protection to life 
given by police officers and courts, many cities have building 
regulations limiting the height of buildings in proportion to 
the local fire protection, requiring fire escapes on high build- 
ings, prescribing rules for sanitary plumbing and fire-proof 
wiring, and requiring that doors to public buildings open out- 
ward. Cities also have traffic regulations, such as limiting 
the speed of automobiles and prescribing how they shall pass 
corners, and requiring railroads to have watchmen at cross- 
ings. 

States employ factory inspectors to see that workmen have 
fresh air, that boilers and elevators are in proper condition, 
and that dangerous machinery has safety appliances. The na- 
tional government provides for the inspection of locomotives 
and steamboats, requires passenger vessels to have wireless 
equipment and life-preservers, maintains wireless stations to 
notify vessels of storms, and maintains lighthouse and life- 
saving stations. Recently the United States government 
established mine experiment stations to experiment with life- 
saving devices in mines. 

(c) Care of Poor and Helpless. — If it were not for our State 
governments most of the 188,000 insane persons who are in 



IMPORTANCE OF GOVERNMENT 



[§6 



public asylums would be at large to annoy us and even en- 
danger our lives. The 84,000 poor who are now cared for in 
public institutions would have to beg on the streets and at 
our homes, or steal, or else starve. (See Chapter XXIX.) 

(d) Free Education. — In 1913 about $520,000,000 was spent 
in public free elementary and secondary (high school) edu- 
cation throughout the United States, or an average of $16.17 
for each pupil in elementary grades and $56.54 for each high 




Copyright, Underwood & Underivood, N. Y. 
New York Public Library. 
"A true university is a collection of books." — Carlyle. 

school jjupil. The same year the average cost in private ele- 
mentary schools was $32.00 and in private high schools $94.10. 
From these figures it can be seen that poor parents with large 
families could not afford to educate their children if free schools 
were not provided by the government. Free libraries, art 
galleries, and museums are also established by governments, 



§ 6] THE BENEFITS OF GOVERNMENT 9 

thus providing for all what the rich alone could otherwise 
afford. (See Chapter XXVIII.) 

(e) Protection to Public Morals. — In many ways the na- 
tional, State, and local governments are seeking to protect 
public morals. The national government prohibits the bring- 
ing of prize-light films or lottery tickets into any State, and 
denies the use of the mails for the carrying of fraudulent mat- 
ter or intoxicating liquors. The national government has not 
the power to prohibit the sale and use of opium, but in its 
effort to limit its use as much as possible Congress has im- 
posed a tax of $300 a pound on this drug manufactured for 
smoking purposes. 

State and city governments regulate or prohibit the sale of 
liquor and prohibit gambling and other recognized forms of 
vice. Each State maintains one or more reformatories for in- 
corrigible boys and girls, where they are trained to better 
citizenship. Cities commonly have censors to visit theaters, 
moving picture shows, and such public places, to prevent im- 
moral performances. 

(f) Tlie Census. The United States census of. 1910 was 
taken by 75,000 census collectors within four weeks, but four 
years were required to tabulate the facts in detail although 
electric tabulating machines were used for the purpose. The 
facts filled eleven large volumes and cost the government 
$15,000,000. Not only does this census give the number of 
persons of each race, color, sex, age, occupation, whether mar- 
ried or single, and whether able to write, but three of the 
eleven volumes give detailed information regarding manu- 
factures and three give the same regarding agriculture. 

The census is especially valuable because it shows the con- 
dition of industry in each locality of the United States and 
thus assists legislators in remedying bad conditions. From 
these tabulated facts the general tendency of the country can 
be observed. For instance, it shows that 46.3 per cent of the 
population of the United States lived in cities in 1910 as com- 
pared with 40.5 in 1900, and that the total number of illiterates 



10 



IMPORTANCE OF GOVERNMENT 



[§6 



is becoming less tliougli population is rapidly increasing.^ It 
also shows that in 1880 only 25 per cent of our farms were 
operated by tenants as compared to 37 per cent in 1910. 

The volumes on manufactures and agriculture are especially 
valuable to persons interested in these industries. For in- 



^fi 


w^ 


^prpj! k ® (W-4i^M 




- hi iff «■ ! 1 - V 


1^ ■— -i-» MB 



A Fifteen Million Dollar Set of Books. 
These books are compiled by the United States Governmeut for your use. 

stance, if a manufacturer of corn cutters, milk cans, or poultry 
food wants to know where there is a demand for his products 
he can learn the production of corn and the approximate num- 
ber of cows and of chickens in each county in the United States, 
(g) Aids to Commerce. — The national government maintains 
lighthouses, beacons, and buoys, builds dams, digs canals, and 
dredges rivers and harbors. It cooperates with the States in 
building levees. States and counties build roads and bridges. 
Cities construct streets, bridges, and wharves. 

1 From 1900 to 1910 the degree of illiteracy among negroes was reduced 
from 45 per cent to 30 per cent. 



§6] 



THE BENEFITS OF GOVERNMENT 



11 




Weaving Treecloth Mattresses. 
These mattresses are used to protect the banks of the Mississippi River. 




A B 

The Government Teaching the Art of Road Making. 
Models prepared by the Department of Agriculture showing the proper drain- 
age {A) and construction {B) of roads. 



12 



IMPORTANCE OF GOVERNMENT 



[§6 



(h) Aids to Agriculture. — The national, State, and county 
governments all give aid to agricultural industry. For in- 
stance, the Federal Department of Agriculture has a division 
of plant introduction, with scientists to introduce valuable 
plants into the United States — e.g., hardy wheat from north- 
ern Eussia which resists wheat rust and thrives in dry cli- 
mates, a variety of alfalfa from the plains of Turkestan which 




Courtesy, Virginia State Highway Department. 
A Road in Spottsylvania County, Virginia, before Improvement. 

resists droughts, Smyrna figs in California after twenty-five 
years of experimentation, and dates which are now success- 
fully grown in the Southwest. 

The Agricultural Department prepares numerous bulletins 
for free distribution, which keep farmers informed as to the 
latest methods of farming. It also prepares bulletins for the 
wives of farmers, so many of whom are thin and old at thirty 
because they work fifteen hours a day without mechanical 
helps while the husband buys machinery for the fields, but 
none for the household. These bulletins give the housewife 



6] 



THE BENEFITS OF GOVERNMENT 



13 



such information as how to have running water in the house, 
how to can fruits, and how to operate a community laundry 
by the waste steam from the creamery. 

Roads are built by State or local governments, but the 
national government contributes money to aid the State or 
local governments! and encourages these to have good roads. 




Courtesy, Virginia State Highway Department. 
The Same Road after Improvement by the Government. 



1 In 1916 Congress appropriated $ 76,000,000 to aid the States in the con- 
struction of rural post roads — the first appropriated by the National Gov- 
ernment for this purpose for nearly a century. Of this sum $5,000,000 is to 
be expended in 1917, $ 10,000,000 in 1918, % 15,000,000 in 1919, $ 20,000,000 in 
1920, and $ 25,000,000 in 1921. The National Government's share in road work 
in cooperation with the States is limited to 50 % of the cost of the road. The 
National aid is apportioned among the States in the following manner : 

" One third in the ratio which the area of each State bears to the total 
area of all the States ; 

" One third in the ratio which the population of each State bears to the 
total population of all the States ; and 

" One third in the ratio which the mileage of rural delivery routes and star 
routes in each State bears to the total mileage of rural delivery routes and 
star routes in all the States." 



14 



IMPORTANCE OF GOVERNMENT 



[§6 



Not many years ago it was found that the average cost of hauling 
one ton one mile in Europe was 10 cents ; in the United States, 
23 cents. Upon the number of tons hauled in this country the 
difference in cost between 10 cents and 23 cents a mile was 
about $250,0()0,000. The Agricultural Department of the 
United States organized the Office of Public Roads. This ojSice 




Arrow Rock Dam, Idaho, under Construction. 
This dam is 67 feet higher than the Roosevelt Dam. 



has collected information from all parts of the world. It has 
also constructed sections of experimental road in various States. 
Any county or city building new roads can have the results of 
all this investigation free for the asking. 

Since the national government began constructing irrigation 
plants, during the presidency of Roosevelt, it has constructed 
or is now constructing plants which water an area about 
equal in size to the State of Connecticut, thus bringing barren 
lands into a high state of cultivation. One irrigation tunnel 



§ 6] THE BENEFITS OF GOVERNMENT 15 

in Colorado is six miles long. The Roosevelt dam in Arizona, 
280 feet high, sells electric power to Phoenix and Mesa and to 
large copper mines. The Elephant Butte dam in Kew Mexico 
holds enough water to cover 3,000,000 acres a foot deep. The 
Huntley project in Montana gives a demonstration of a canal 
which lifts itself by its own boot-straps. A waterfall fur- 
nishes power to raise a portion of the water to a plateau above 
and thus water it as well as the plains below. 

Congress also aids animal industry by investigations. For 
instance, in 1914 it appropriated $600,000 for the investiga- 
tion, treatment, and eradication of the hog cholera and other 
diseases of animals. The Agricultural Department protects 
this industry by preventing the shipment of stock from States 
in which a certain animal disease is prevalent to other States 
where it does not exist. 

(5) Government Protects the Poor against the Oppression of 
the Wealthy. — Among the wealthy, business can be conducted 
on a large scale, and this tends to drive the smaller dealers out 
of business, especially when unfair means of competition are 
used. Until prohibited by law large organizations commonly 
sold their product at or below the cost of production, in regions 
where there was much competition, in order to drive the smaller 
dealers out of the business. The loss thus caused was covered 
by profits in the regions where there was little or no competi- 
tion, because there the large organizations could raise the 
prices unreasonably. For example, on October 1, 1904, the 
Standard Oil Trust earned more than six cents a gallon on oil 
sold in Spokane, where there was no competition, and in New 
Mexico, where there was but little competition, while at the 
same time it was selling oil at a loss of more than a cent a 
gallon in New Orleans and more than three cents a gallon in 
Los Angeles, where it had determined to drive the smaller 
dealers from the field. But a law passed by Congress, under 
the influence of President Wilson, expressly made this prac- 
tice illegal. Many similar practices have been prohibited by 
national and State laws. 



16 IMPOETANCE OF GOVERNMENT [§ 6 

(6) Government Performs Functions in the Interest of the 
Many Which as Private Ventures Would be Performed in the 
Interest of the Few. — If the national government had not 
built the Panama Canal it would likely have been built as a 
private venture. Much of the western land irrigated by the 
national government would have been irrigated by private 
companies. If the national government were not to build 
the Alaskan railroad, private capital would do so ; and if the 
United States had not established a postal system, private 
capital certainly would have organized such a system. All of 
these enterprises are now conducted in the interest of the 
people, Avhereas private companies would have conducted them 
in their own interest. 

Of these national ventures the postal system is the most 
interesting. Originally such systems were maintained by 
governments of the Old World to carry messages for the king 
and ministers of state. The carrying of letters for the public 
was added later, and as late as 1860 the sole business of the 
United States post office was to carry letters, papers, and 
small packages from one office to another, where they were 
distributed from a window. Xow it supplies city and rural 
carriers, special delivery messengers, street boxes, registry, 
postal cards, stamped paper, stamp books, and cancelling 
machines. It maintains a money-order system, a parcel post 
system, and a savings-bank system. 

Bibliography 
DUPUY, W. A. Uncle Sam's Modern Miracles. 1914. 

Questions on the Text 

1. Why is government important? 

2. How much is spent by our national government each year? 
By our State, county, and other local governments? 

3. What is the average cost of government per capita in the 
United States? 



QUESTIONS 17 

4. How is the cost of government borne, and by whom ? 

5. Is the cost of government becoming more or less of a burden ? 

6. Name and explain the benefits of government discussed in 
the text. 

7. How much was spent on public free education in the United 
States in the year 1913? 

8. How is the health of citizens of the United States protected 
from contagious diseases prevalent in foreign countries ? 

9. What great services have been rendered the American people 
by the United States Public Health Service ? 

10. In what way are the public morals of your community regu- 
lated ? 

11. What is the census of the United States? What did the 
census of 1910 cost, and what are its benefits? 

12. What service has the Agricultural Department of the United 
States performed for American farmers ? 

13. How do governments protect the poor against the oppression 
of the wealthy? 

14. Why is it better to have some lines of business conducted by 
the government instead of by individuals? 

Questions for Discussion 

1. In the United States about 400,000 persons are incapacitated 
and about 30,000 are killed by typhoid fever each year. This dis- 
ease is only one fifth as prevalent in some of the European countries 
as it is in the United States, the improvement having been brought 
about by better sanitary regulations by the governments. Would 
you favor a State law for compulsory vaccination against typhoid 
fever? Or would you favor having your local government spend 
enough money to prevent the spread of this disease? 

2. What connection is there between free public schools and 
government by the people ? 

3. Is it cheaper to send articles by mail or by express ? How many 
pounds may be sent by mail ? How does the parcel post encourage 
commerce ? 

4. What would be the effect upon the stock-raising industry if 
there were no cattle quarantine regulations? 

5. It has been said that society would drift into barbarism in a 
generation if it were not for religion and public opinion. What 
would be the effect upon society if all governments ceased to exist? 



18 IMPORTANCE OF GOVERNMENT 

6. Why are taxes lower in China than in the United States ? Give 
arguments in favor of high taxes. 

7- Do you think that only taxpayers should be permitted to vote ? 
Who are the taxpayers ? 

8. In 1910 there were 8,000,000 single men and 5,000,000 single 
women above twenty years of age in the United States. Where 
could you verify this fact ? What practical use could a manufactur- 
ing firm make of the fact that there are 90 men to every 100 women 
in the District of Columbia and 187 men to every 100 women in Mon- 
tana? 



CHAPTER II 



DEVELOPMENT OF THE STATE 

7. Introduction. — In living organisms there is a continual 
tendency for the simple to develop into the complex, and so it 
has been with organized 
society — the state. In 
the beginning very few 
functions were per- 
formed by the state, but 
new discoveries and in- 
ventions created new 
social and economic con- 
ditions which could be 
solved only through the 
united action of society ; 
so the state has de- 
veloped to its present 
position along with these various social and economic changes. 

At some time in the history of the world the ancestors of 
every race of people lived in a rude, uncivilized manner. The 
want of food and of other material comforts brought suffering ; 
superstition brought fear ; and lack of wisdom brought misun- 
derstanding, quarreling, fighting, war. From this rude condi- 
tion some peoples have advanced through many stages of social 
and economic development in the upward trend of the human 
race. The most highly developed nations have gradually 
advanced through the following stages : hunting and fishing, 
pastoral, agricultural, commercial, and capitalistic. Each social 
or economic stage demanded a more extensive organization ; 

19 




A Primitive Fisherman. 



20 



DEVELOPMENT OF THE STATE 



[§8 



and vice versa, each extension of political organization made 
possible the advance to a more complex social or econoniic 
stage. 

8. Hunting and Fishing Stage. — During the hunting and 
fishing stage of each race the mode of living was but little 
above that of beasts. Men lived from hand to mouth in the 
struggle for existence. Ownership in land was unknown, but 
each savage horde had temporary hunting grounds beyond 
which their members went at their peril. They had little 

need and less capac- 
ity for political organ- 
ization. 

9. Pastoral Stage. — 
When an ingenious 
horde saved alive the 
young of wild animals 
and domesticated them, 
an epoch-makmg step 
was taken. By a little 
foresight and self-denial 
food was on hand for 
times of scarcity. The 
abundance of flesh foods 
gradually banished can- 
nibalism, especially 
when it was perceived that a muscle of a captive was worth more 
for labor than for food. Permanent food supplies and slaves 
gave leisure and opportunity for meditation. Wandering hordes 
became family tribes bound together by the common possession 
of flocks and herds. These possessions brought the envy of 
neighboring bands, and organization for defense became neces- 
sary. The patriarch of a family became leader of this organi- 
zation and developed absolute authority to the extent of life 
and death over his wives, sons, daughters, sons' wives and 
children, and slaves. In reality he was an absolute ruler over 
a " family state." 




A Shepherd with his Flock. 



§11] 



COMMERCIAL STAGE 



21 



fiimf iiiiii 


i^& 


k. 




^ra 


8 


aSb^^i^ 


1^ -'" 


iifiimiftirii iiiif g 


BSiiMi 


4^Mi 


J 




?tHI^P^ 


'^m 


V ' 




mt^^^g^ 


%<^ 


\ ^ 




^H^^^H 


li 


1 


Hi 


1 



Primitive Agriculture. 



10. Agricultural 

Stage. — The possession 
of flocks made the hab- 
itation of man suffi- 
ciently permanent to 
make possible the plant- 
ing of seeds with the 
thought of ultimately 
reaping the harvest. 
Slavery became more 
profitable, the posses- 
sion of land became 
necessary, and owner- 
ship desirable. As 
family tribes gradually 
sent out clans to estab- 
lish new village communities, common blood, common religion, 
and common economic interests held them together into loose 
confederations for social and commercial intercourse and for 
self-defense. In short, the necessary elements of a modern 
state existed : law and authority, definiteness and permanence 
of organization, and a consciousness of political unity. 

11. Commercial 

Stage. — AVealth in 
flocks, herds, and agri- 
culture multiplied 
man's needs. Com- 
merce met the demand. 
Yoked beasts of bur- 
den, sailboats, and 
forms of money as a 
medium of exchange 
gave the merchant a 
place in civilization. 

Cities developed at 
An Early Type of Merchant Vessels. . , , 

convenient locations on 




22 



DEVELOPMENT OF THE STATE 



[§12 



1 


h] 1 


^""' 


i 1 ! W 


^mm^ ' ■ -m^. 






^ .^^ ' ...^^^■i^^H 




'•5*S"' ^ ..v^'"' 


•a?| 


•■^'\ ^i 




^ ~ ^1 



A Primitive Hand Loom. 



trade routes. Coopera- 
tion against pirates and 
robbers and regulation 
of city populations made 
city states necessary. 

12. Manufacturing 
Stage. — The establish- 
ment of cities and com- 
mercial routes en- 
couraged manufacturing, 
and in turn manufac- 
turing gave a further 
contribution to com- 
merce. During the manu- 
facturing stage hand im- 
plements slowly gave 
way to machines. For example, the hand spindle of prehis- 
toric times was replaced by the spinning wheel in 1530 ; and 
late in the eighteenth century steam power was applied to the 
manufacture of cloth. This process brought people from scat- 
tered farms into growing towns and cities. City life brought 
experience and education to the people, and enabled them to 
wrest their rights from absolute monarchs or privileged nobles. 

13. Capitalistic 
Stage. — The present 
capitalistic stage that 
the advanced nations 
have attained grew 
out of the develop- 
ment of expensive 
factory machines, 
which makes large 
scale production prof- 
itable, but requires 
the concentration of 
capital. The appli- 




The National City Bank of New York. 



§14] 



SOCIALISTIC STAGE 



23 



cation of steam to boats and railroads, which bring raw 
material and food supplies to the manufacturing plants 
and distribute the output to the distant consumers, makes 
possible the concentration of capital. The development 
of banking systems has also aided in the concentration of 
capital. The result is the downfall of business competition 
and the formation of nation-wide and even world-wide monop- 
olies. Thus most persons must work for wages, and if monop- 
olies were not controlled by the state the wages of the work- 
men could be determined by the capitalists. The condition 
of employees then 
would be no better 
than that of slaves. 

14. Socialistic 
Stage. — In reviewing 
the above stages of 
social, economic, and 
political development 
it should be noted 
that the first duty of 
politically organized 
society, or the state, 
was the protection of 
life and of movable 

property ; then the regulation of land was added ; commerce and 
manufacturing in turn had to be regulated. The question now 
facing the- people is whether capital can be regulated. If a 
group of millionaires or bankers combine their ca.pital to con- 
trol the entire production of certain commodities or services 
and advance the prices, the masses of people will naturally 
use their power, the state, to prevent this. If regulation 
fails, what then ? — the socialistic stage. 

By a socialistic stage is meant a stage when the state will 
own and operate large industries which would be operated by 
the people or private corporations if left to their own initia- 
tive. The indications are that the United States will merely 





H 


■ 




H 




■ 




H . ?^T 


§ 




^l^^l 




^Wk 








^SB^'*^ hi^ 


iHH^ 




^^SSSBMi 


^^ 


k-^MiE 


^^^^^IBbI 






'tT 


>& •<mm^m 


hHIH 


s 


w 


bi 


ISk 






w 


w^^^ 






x^^- 











The Government in the Express Business. 



24 



DEVELOPMENT OF THE STATE 



[§15 



regulate most monopolies unless regulation ceases properly to 
protect the masses. Should regulation cease to be effective, 
state ownership would be necessary ; and it is possible that in 
the near future the United States will conduct other large 
businesses as it now conducts the postal and parcel post busi- 
ness, or as many European states conduct express, telegraph, 
and railroad businesses. (See Sec. 148.) 

15. How a State Exercises Its Powers. — A state ^ is an organ- 
ized body of. people living within a limited territory and having 
power to make and enforce laws without the consent of any 




Courtesy, World's Work, Vol. 23. 
Republican Government Fisty Years Ago. 

higher authority.^ A government is the agency through which 
a state's purposes are formulated and executed. If the agents 
who run the machinery of government are under the absolute 
control of one person, such as the Sultan of Turkey, an absolute 
monarchy is said to exist ; but if the monarch is restricted in 
his powers, as in Italy, the government is known as a limited 

1 Throughout this volume the word state printed with a small " s " denotes 
an independent state belonging to the family of nations, as England, France, 
the United States; the word State printed with a capital " S" refers to one 
of the members of the United States of America, as Maine, Pennsylvania, 
Virginia. 

2 A state is the sum total of all its citizens — men, women, and children. 



§1-5] 



HOW A STATE EXERCISES ITS POWERS 



25 



monarchy. If the people select their own agents to run the 
government without a monarch, a republic exists.^ 

If the citizens of a state are uneducated and incapable of 
choosing representatives or unwilling to abide by laws which 
their representatives make, an absolute monarchy may be 
the only form of government able to hold the state together. 
At one time England was an absolute monarchy, but in 1215 
the nobles compelled the king to sign the Magna Charta and 
thereby to yield certain of his powers ; in 1689 the king signed 
the Bill of Eights, in which he transferred many powers to the 




Courtesy, World's Work, Vol. 23 
Republican Government To-day. 

representatives of the people in Parliament ; and from time to 
time powers have been transferred until to-day the King of 
England is much less powerful than the President of the 
United States. 

The people of England now rule through their representa- 
tives in Parliament as truly as the American people rule through 
their representatives in Congress. Thus we see that an abso- 
lute monarchy is limited in proportion to the enlightenment of 



^ If any state were small enough for the people to assemble and make their 
laws directly, a democratic government would exist. 



26 DEVELOPMENT OF THE STATE [§ 15 

the citizens and in time naturally gives way to a limited 
monarchy, as in England, or to a republic, as in France. 

Bibliography 

Dealey, J. Q. The J3evelopment of the State. Its Governmental 

Organization and Its Activities. 1909, 
HoBSON, J. A. The Evolution of Modern Capitalism. New and 

revised edition. 1912. 
WiLLOUGHBY, W. W. The Nature of the State. 

Questions on the Text 

1. Name six stages of social and economic development. 

2. Describe these six stages and explain how each developed into 
the other. 

3. How have economic development and political development 
depended upon each other? 

4. What stages of economic and political development have been 
attained by the following nations : American Indians when America 
was discovered? The Jews at the time of the patriarchs Abraham, 
Isaac, and Jacob? France during the days of feudalism? The 
Phoenicians about 1000 b.c? England about 1800 a.d.? The 
United States to-day ? 

5. Under what conditions may the socialistic stage develop in the 
United States? 

6. What is a state? What is a government? Distinguish clearly 
between a state and a government. 

7. Distinguish between state and State as used in this text. 

Questions for Discussion 

1 . The first function of the state was to protect life and property ; 
now it provides conveniences and comforts. In the future do you 
think it should further encourage our sense of the esthetic or beauti- 
ful? Do you think it should prohibit billboards on a person's vacant 
lot if they mar the beauty of the town or landscape ? 

2. In 1914 Congress provided for a railroad in Alaska to be built 
and owned by the United States. Do you believe that the United 
States or your State should develop further into the socialistic stage 
by owning and operating railroads? Express systems? Telegraphs? 



QUESTIONS 27 

Telephones? Wireless? Forests? Water power plants? Coal 
mines? Banks? Insurance companies? 

3. Do you think your county should establish a jitney bus systera ? 
What would be the advantages of such a system? 

4. Do you think your town should install a water system? Electric 
power system ? Gas system ? Jitney bus system ? 

5. Do you think your city should establish an ice plant? Heating 
plant ? 

6. There was no great need of laws governing copyrights until 
long after the printing press began its work. The invention of the 
steam engine created a need for what character of laws ? The auto- 
mobile? The moving pictures ? 



CHAPTER Til 
ORIGIN OF THE FEDERAL CONSTITUTION 

16. Colonial Government. — In the year 1607 the first per- 
manent English settlement in America was made at James- 
town, Virginia, by colonists whom a commercial corporation, 
known as The London Company, sent out from England. 
The Company placed a council with a president over the colo- 
nists until 1609, when a governor replaced the president. In 
1619 the Company permitted the addition of a general assem- 
bly composed of burgesses ^ elected by the inhabitants of each 
settlement. 

This assembly, the first representative legislature that ever 
sat in America, met on the 30th day of July, 1619, in the 
chancel of the church at Jamestown. In 1624 the London 
Company surrendered its charter, and henceforth Virginia was 
known as a Eoyal Colony until it declared itself independent 
of England in the year 1776. The other twelve colonies were 
established in various ways and from time to time enjoyed 
different rights or degrees of self-government. According to 
the mode of government the colonies were divided into three 
classes : Koyal, Proprietary, and Charter. 

The Royal Colonies. — At the time of the Revolution, 1776, 
there were seven Royal colonies : New Hampshire, New York, 

1 The term " burgesses " was used because it was expected that the settle- 
ments would develop into boroughs (towns). After 1634 the "burgesses" 
represented counties, and in 1776 the name was changed to "assemblymen." 
Virginia called its colonial representatives "House of Burgesses"; South 
Carolina, "House of Commons"; Massachusetts, "House of Representa- 
tives." 

28 



§ 16] COLONIAL GOVERNMENT 29 

New Jersey, Virginia, North Carolina, South Carolina, and 
Georgia. For each of these colonies a governor and a council, 
" upper house," were appointed by the King, and a popular 
assembly, " lower house," was elected by the people. The 
governor in conjunction with his council and assembly ruled 
the colony in conformity with written instructions issued from 
time to time by the Crown. There was no written charter be- 
tween the colony and the King, nevertheless various concessions 
that the Crown made to the people and the customary mode of 
government formed a traditionary charter or constitution. 

Tlie Proprietary Colonies. — In 1776 there were three Pro- 
prietary colonies : Pennsylvania, Delaware, and Maryland. 
These colonies got their name, " Proprietary," from the term 
proprietor, which was applied to a "petty king " to whom the 
King of England had granted the land. Por each of these 
colonies a governor and a council were appointed by the pro- 
prietor and a popular assembly was elected by the people. 
Hence we may think of a Proprietary colony as very similar 
to a Royal colony, the only material difference being that the 
proprietor, or " petty king," was obliged to concede more rights 
and privileges to the people than the King would grant. As in 
the case of the Eoyal colonies, the concessions and precedents 
of government formed a traditionary charter or constitution. 

Tlie Charter Colonies. — In 1776 there were three Charter 
colonies : Massachusetts, Hhode Island, and Connecticut. Un- 
like the other two classes of colonies, a real charter existed 
between each of these colonies and the King. This charter 
was a written document outlining certain rights of self-govern- 
ment which could be withdrawn by the King at any time he 
saw fit to do so. In each of these colonies, except Massachu- 
setts, the governor was elected by the people ; in each the 
council was elected by the assembly ; and in each the assembly 
was elected by the people. The charters of Connecticut and 
Phode Island were so liberal that by substituting the word 
" people " for " King " these colonial charters served as State 
constitutions until 1818 and 1842 respectively. 



30 



ORIGIN OF THE FEDERAL CONSTITUTION 



[§17 



17. Legislative Powers. — In all of the colonies, except Penn- 
sylvania where the council had no legislative power, there were 
two branches of the legislature and a governor with the power of 
vetoing measures passed by the two branches. Legislation was 
enacted on purely colonial affairs. In matters of general inter- 
est to the whole British Kingdom the British Parliament or the 
King exercised control. It was often a disputed question 
whether a particular affair was purely colonial or a matter of 

general interest to the 
whole Kingdom ; and the 
question whether or not 
a stamp tax to support a 
standing army in Amer- 
ica was a tax which the 
British Parliament had 
a right to impose upon 
the colonies was decided 
only by the E evolution- 
ary War. 

18. Continental Con- 
gresses. — In 1 774 the 
Virginia House of Bur- 
gesses issued an in- 
vitation to all of these 
colonial assemblies, call- 
ing a meeting of dele- 
gates at Philadelphia to 
consider what could be done to meet their common grievances. 
This Congress, in which all the colonies except G-eorgia were 
represented, is known as the First Continental Congress. It 
adopted a declaration of rights and grievances to be presented 
to the King, and adjourned. 

In 1775, after the battle of Lexington, the Second Continental 
Congress met at Philadelphia, with representatives from all 
thirteen colonies. Schouler, the great historian, has concisely 
described the work performed by this body in the following 




Carpenters' Hall, Philadelphia. 
The First Continental Congress met here. 



§ 19] THE ARTICLES OF CONFEDERATION 31 

words : " The Continental Congress . . . with its periodical 
sessions and frequent changes of membership bore for fifteen 
years the symbols of federal power in America ; which, as a 
single house of deputies acting by colonies or States, and 
blending with legislative authority imperfect executive and 
judicial functions, raised armies, laid taxes, contracted a common 
debt, negotiated foreign treaties, made war and peace ; which, 
in the name and with the assured warrant of the thirteen 
colonies, declared their independence of Great Britain, and by 
G-od's blessing accomplished it ; which, having framed and 
promulgated a plan of general confederation, persuaded these 
same thirteen republics to adopt it." 

19. The Articles of Confederation. — The authority for the acts 
of the Second Continental Congress rested upon no definite 
grant of powers by the colonies, but was assumed by it to meet 
the crisis of war. However, a plan of perpetual league and a 
statement of the powers which the Continental Congress might 
exercise was framed and proclaimed by the Second Continental 
Congress in 1777. 

This scheme of union was set forth in a paper termed " The 
Articles of Confederation." These articles did not go into ef- 
fect until 1781 because it was necessary for them to be ratified 
by all the States of the Confederation before they could become 
the law of the land, and it was not until that year that the 
ratification of Maryland was secured. 

These articles provided that each State should be represented 
in this Confederate (Continental) Congress by not less than two 
nor more than seven members, to be elected annually and to be 
subject to recall by the legislatures of the respective States ; but 
each State should have only one vote. This body had power to 
declare war, enter into certain treaties and alliances with foreign 
nations, borrow money, coin money, establish post offices, reg- 
ulate the affairs of all Indians not members of the States, 
together with a few less important duties. 

The expenses of this government were to be paid by taxes 
raised through the respective State legislatures, the amount to 



32 ORIGIN OF THE FEDERAL CONSTITUTION [§20 

be paid by each State being iu proportion to the value of all real 
property within its boundaries. The compensation of the dele- 
gates was paid directly by the State which they represented. 

The distinctive features, which also proved to be the greatest 
defects, of the Articles of Confederation were : 

(1) Equal representation of States, to which the larger States 
naturally objected. 

(2) Want of power by the central government to act directly 
on individuals. The articles bestowed upon Congress no direct 
power to raise revenue other than to borrow money. The 
States retained this power and they frequently refused to col- 
lect the amount of taxes demanded of them by Congress. 

(3) Want of means for enforcing obedience to the Acts of 
Congress. They provided neither for an executive, except 
committees, nor for permanent courts. A single State could 
disregard any law, or treaty, which fact was soon recognized 
by foreign countries, and clearly expressed by Washington, 
who said : " We are one nation to-day and thirteen to-morrow. 
Who will treat with us on such terms ? " 

(4) Want of power by the central government to regulate 
commerce with foreign countries and between the several 
States. 

(5) Unanimous consent of the thirteen States for amendment 
of the Articles of Confederation. The consent of nine of the 
States was required for all important ordinary laws. To obtain 
these unusual majorities was practically impossible. 

20. The Critical Period. — The independence of the thirteen 
States was recognized in 1783, but a large national debt remained 
unpaid, upon which the interest was not met, because only about 
one fourth of the revenue which Congress asked of the States 
was collected. Under these circumstances even the existence 
of Congress was threatened. For example, some eighty drunken 
soldiers of the Pennsylvania line mutinied from want of pay 
and forced Congress to flee from Philadelphia to Princeton? 
where the college afforded it shelter. 

In 1785 Congress made a final attempt to raise the neces- 




The United States in 1783 — State Claims and Cessions 



§20] THE CRITICAL PERIOD 33 

sary revenue by endeavoring to add an amendment to the Ar- 
ticles of Confederation levying a tax on imports. New York 
reaped the benefit of a State tax on imports and refused to 
agree to this amendment, so the measure failed. To save ex- 
pense some States failed to send delegates to this Congress, 
and unfortunately many of those that attended were not the 
leading statesmen who were present during the period of the 
war. The condition was so bad that the French minister was 
prompted to write to his country thus : " There is now no gen- 
eral government in America, no head, no Congress, no admin- 
istrative department." 

In colonial days there had been little communication between 
the colonies, and as soon as peace was restored the States began 
to fall apart, and to manifest their sectional hatred by commer- 
cial discrimination. 

The following quotation from Fiske well illustrates the ex- 
isting conditions : 

"The city of New York with a population of 30,000 souls had long 
been supplied with firewood from Connecticut, and with butter and cheese, 
chickens and garden vegetables from the thrifty farms of New Jersey. 
This trade, it was observed, carried thousands of dollars out of the city 
and into the pockets of the detested Yankees and despised Jerseymen. 
' It was ruinous to domestic industry,' said the men of New York. ' It 
must be stopped by ... a navigation act and a protective tariff.' Acts 
were accordingly passed, obliging every Yankee sloop which came down 
through Hell Gate and every Jersey market boat which was rowed across 
from Paulus Hook to Cortlandt Street to pay entrance fees and obtain 
clearances at the custom house, just as was done by ships from London 
and Hamburg ; and not a cart-load of Connecticut firewood could be de- 
livered at the back door of a country house in Beekman Street until it 
should have paid a heavy duty. Great and just was the wrath of the 
farmers and lumbermen. The New Jersey legislature made up its mind 
to retaliate. The city of New York had lately bought a small patch of 
ground on Sandy Hook, and had built a light-house there. This light- 
house was the one weak spot in the heel of Achilles where a hostile arrow 
could strike, and New Jersey gave vent to her indignation by laying a tax 
of -11800 a year on it. Connecticut was equally prompt. At a great 
meeting of business men, held at New London, it was unanimously agreed 
to suspend all commercial intercourse with New York. Every merchant 



34 ORIGIN OF THE FEDERAL CONSTITUTION [§21 

signed an agreement, under a penalty of .$250 for the first offence, not to 
send any goods whatever into the hated State for twelve months." i 

The tariff system of Yirginia imposed higher duties upon 
imports than those imposed by the system of Maryland, and 
naturally all articles which could be distributed from Mary- 
land as well as from Yirginia were brought to Maryland 
instead of to Virginia. Virginia retaliated by imposing a 
toll upon vessels entering Chesapeake Bay between the Vir- 
ginia capes. Maryland disputed the right of Virginia to im- 
pose these tolls. To settle this dispute, as w^ell as to reach an 
agreement upon other uniform rules governing the Chesapeake 
Bay and Potomac Eiver, commissioners from Maryland and 
Virginia met at Alexandria, but upon the invitation of Wash- 
ington moved to Mount Vernon. 

Through discussion the commercial difficulties were found 
to extend beyond the two States, and the commissioners recom- 
mended that Delaware and Pennsylvania be invited to meet 
with them the following year, 1786. jNIaryland did better ; she 
invited all the States to meet at Annapolis. However, only 
live States sent delegates, and these, after concluding that it 
was necessary to amend the Articles of Confederation before 
any real commercial progress could be made, adjourned to 
meet at Philadelphia in 1787. 

21. The Constitutional Convention. — Virginia was the first 
State to announce her delegates for the Philadelphia Conven- 
tion. They were Washington, Madison, and Edmund Ran- 
dolph. The name of Washington inspired confidence. In 
May, 1787, delegates from all the States except Ehode Island 
assembled, fifty-five able delegates being present. Washington 
was chosen President of the Convention, and it was agreed 
that each State should have one vote, and that the sessions 
should be secret. 

Drafting the Federal Constitution. — Immediately the Con- 
vention divided into two factions — the one representing the 

1 " The Critical Period of American History," p. 146. 



21] 



THE CONSTITUTIONAL CONVENTION 



35 



smaller States and the other the larger States. Kandolph of 
Virginia presented the Large State Plan, or the so-called 
"Virginia Plan," which proposed a Congress of two houses 
with power to legislate on all national matters and to compel 
obedience on the part of the States. Eepresentation in both 
houses was to be based 
on population, thus giv- 
ing the larger and more 
populous States the con- 
trol of both branches of 
the legislature ; further- 
more, since by this 
scheme the President, 
executive officers, and 
judges were to be ap- 
pointed by Congress, su- 
pervision of the whole 
administration of the 
new government would 
be under the control of 
the larger States. 

Patterson of New 
Jersey introduced the 
Small State Plan, or 
the so-called " New 
Jersey Plan," which 
provided for a Con- 
gress consisting of one 
house. According to 
this plan each State was to have equal representation. 

The result was a compromise. It was agreed that there 
should be a legislature of two houses : a Senate, the less 
numerous branch, and a House of Representatives, the more nu- 
merous branch. In the Senate each State was to have an equal 
representation, thus putting the small States on an equal foot- 
ing with the large ones ; but in the House of Representatives 




Copyright, Underwood & Underwood, N. Y. 
Independence Hall. 

Pennsylvania's Old State House in Phila- 
delphia, where the Declaration of Independ- 
ence was signed, and where the Federal 
Constitutional Convention met. 



36 ORIGIN OF THE FEDERAL CONSTITUTION [§ 21 

the representation was to be according to population, thns fa- 
voring the larger States. 

It was also decided by the Convention that the Constitution 
should be considered ratified and should go into effect as soon 
as accepted by nine of the thirteen States. Persons favoring 
the adoption of the Constitution by their respective States 
were called Federalists, and those opposing it were called 
Anti-Federalists. From this contest rose the first political 
parties in the United States. 

The Convention adjourned in September, having been in 
session a little over four months. Grladstone, the famous 
English statesman, considered this constitution the greatest 
work ever struck out at one time by the hand of man. 

The fundamental difference between the new Constitution 
and the old Articles was that the Constitution provided an 
adequate executive and judiciary to enforce the federal laws 
directly upon the individual instead of depending upon the 
indirect enforcement by the State governments, which had 
enforced only such as they individually approved. 

Arguments For and Against Adoption. — The Federalist 
Party with such leaders as Hamilton, AVashington, and Mar- 
shall favored the proposed Constitution - because it established 
a strong national government. This party was especially 
strong in commercial New England, where the weakness of the 
old Confederation and the tariff discriminations of the States 
were brought forcibly home. The arguments used by the 
Federalists appeared in a collection of eighty-five essays, called 
^' The Federalist," written by Alexander Hamilton, John Jay, 
and James Madison. These essays contain an excellent ex- 
position of the Constitution. 

The Anti-Federalists, such as Patrick Henry and George 
Clinton, favored strong State governments and a comparatively 
weak national government. They felt that too much power 
was given to the central government and that State liberty 
would be crushed out. Patriotism at that time was devotion 
to the State. A citizen of Virginia abroad called himself a 



21] 



THE CONSTITUTIONAL CONVENTION 



37 




1781 
ARTICLES OF CONFED- 
ERATION 



" Virginian " and not an " American." The Anti-Federalists 
compared a strong national government to the English govern- 
ment, by which they had so recently felt oppressed, and they 
declared that it would be a government founded upon the 
destruction of the governments of the several States. 

A further objection was that the Constitution contained no 
definite " bill of rights " guaranteeing to individuals such 
fundamental liberties as freedom of speech, liberty of the 
press, assurance against 
unjust arrest, and trial 
by jury. The Federal- 
ists practically agreed 
to add these guarantees, 
which promise was ful- 
filled by the adoption 
of the first ten consti- 
tutional amendments in 
1791. It was feared 
that a President might 
become so popular as 
to obtain life tenure of 
office, and thus the 
government might de- 
generate into a mon- 
archy. Patrick Henry 
cried, "We shall have 
a King ; the army will salute him monarch." 

By June, 1788, the Federalists prevailed. New Hampshire,^ 
the ninth State, ratified. The Continental Congress provided 
for the election of a President and his inauguration on March 

1 The Constitution was ratified by the several States in the following order : 
Delaware, December 7, 1787; Pennsylvania, December 12, 1787; New Jersey, 
December 18, 1787; Georgia, January 2, 1788; Connecticut, January 9, 1788; 
Massachusetts, February 6, 1788; Maryland, April 28, 1788; South Carolina, 
May 23, 1788; New Hampshire, June 21, 1788; Virginia, June 26, 1788; 
New York, July 26, 1788; North Carolina, November 21, 1789; and Rhode 
Island, May 29, 1790. 



1776 
DECLARATION OF INDE- 
PENDENCE 



1775 
SECOND CONTINENTAL CON- 
GRESS 



1774 
FIRST CONTINENTAL CONGRESS 



Stones in the Monument to Union 
Adapted from Forman's " Advanced Civics ' 



38 ORIGIN OF THE FEDERAL CONSTITUTION [§21 

4, which, day has since been observed as the beginning of a 
new term of office. Owing to a delay in the assembling of the 
new Congress, which Congress had to count the electoral vote, 
Washington was not inaugurated or our new government put 
into actual operation until April 30, 1789. 

Bibliography 

Beard, Charles A. An Economic Interpretation of the Constitu- 
tion of the United States. 1913. 

FisKE, John. The Critical Period of American Histor3^ 1888. 

MacDonald, William. Select Documents of United States History, 
1776-1861. 1901. 

Questions ox the Text 

1. Name the three kinds of colonies and describe" the char- 
acteristics of each. 

2. When did the First Continental Congress meet? Where? 

3. What was done by the First Continental Congress? 

4. When did the Second Continental Congress meet ? Where? 

5. What was acconiphshed by the Second Continental Congress? 

6. What were the Articles of Confederation ? When were they 
framed? When ratified ? Why the delay? 

7. What were the powers of the Confederate Congress? 

8. Name five distinctive features of the Articles of Confederation 
which proved to be their greatest defects. 

9. Describe the unsatisfactory conditions existing during the 
Critical Period. What dispute arose between New York and New 
Jersey? New York and Connecticut? Maryland and Virginia? 

10. When and where was the Constitution drafted? 

11. What was the "Virginia Plan"? The "New Jersey Plan"? 
What was the compromise ? 

12. How many States were required for the ratification of the Con- 
stitution ? 

13. What was the fundamental difference between the Constitution 
and the Articles of Confederation ? 

14. Who favored the adoption of the Constitution and what argu- 
ment did they use for its adoption? Who opposed it and what were 
their arguments ? 



QUESTIONS 39 

15. In what year was the required number of ratifications obtained ? 

16. When was Washington inaugurated as first President of the 
United States ? 

Questions for Discussion 

1. Let five pupils report on the experiences commemorated by the 
five stones of the pyramid. 

2. Prepare a five-minute paper on " The Critical Period of the 
American Confederation (1781-1789)." Consult Fiske's " Critical 
Period of American History." 

3. What did the individual State gain by entering the federal 
union? W^h at did it lose? 

4. What advantages would result if the fifty-odd states of the 
world should form a AVorld State as the forty-eight States now form 
the United States of America? What powers should be granted to 
such a World State? 



CHAPTER IV 

THE FEDERAL SYSTEM OF GOVERNMENT 

22. Confederate and Federal Government Distinguished. — The 

Constitution of the United States provides a federal combina- 
tion of States as distinguished from the loose leagues or con- 
federations of the ancient Greeks and as distinguished from 
the unitary state of the present-day French. In 1787, when 
our Constitution makers changed the thirteen confederate 
States into \hivteen federated States, they showed to the world 
a type of government never before tried. 

Greek confederations, the Holy Roman Empire (800-1806), 
the Swiss Confederation (1291-1848), and the American Con- 
federation (1781-1788) depended upon the governments of the 
States composing them to enforce all laws. In fact, this old 
type, known as confederations, was, at best, scarcely more than 
an arrangement for offensive and defensive alliances. On the 
other hand the new type, known 3^,^ federations, is a close union 
which enforces its laws directly upon the people, and, with 
few exceptions, through its own officers. 

23. Advantages of Federal Government in the United States. — 
The system of federal government in the United States retains 
the advantages of local self-government for the States as well 
as secures the strength which results from union. This sys- 
tem of state-making is the most complicated of all methods, 
but is at the same time the most stable. Not only are the 
American people enabled to protect their liberties through 
representation in Congress, but in such matters as religion, 
suffrage, and the liquor problem, which produce determined 
sentiments, the American federal system gives consideration to 
the wishes of the people of each State. 

40 



§ 24] DIVISION OF POWERS 41 

The State of Texas can tax cliurch property or not as it 
thinks best ; Colorado can have woman's suffrage ; South 
Carolina can have the educational test to exclude negroes from 
voting ; Maine can have state-wide prohibition, etc., etc. And 
further, if the peace of Texas should be disturbed by Mexican 
invaders, Texas could depend upon the assistance of the re- 
maining forty-seven States for defence ; and should yellow 
fever in Cuba threaten the United States the united effort of 
the States would be exerted to prevent it. 

24. Division of Powers between Nation and States. — The 
Constitution of the United States is a written agreement 
entered into by the people of the thirteen original States, and 
agreed to by the people of the thirty-iive States which have 
since entered the Union. 

The general principle governing the division of powers be- 
tween the National government on the one hand and the State 
governments on the other is thus laid down in the Tenth Amend- 
ment : " The powers not delegated to the United States by the 
Constitution, nor prohibited by it to the States, are reserved to 
the States." The National government is said to have " dele- 
gated " or " enumerated " powers,^ while the State govern- 
ments have " residual " or " unenumerated " powers ; that is, 
the State governments may do all things other than those pro- 
vided for by the Constitution.^ In other words, the National 

1 Most of these powers are enumerated in the eighteen clauses of Article I, 
Section 8. 

2 There are many powers delegated to the National government but not 
expressly denied to the States. Some of these powers are concurrent in that 
they may be exercised by either the Nation or the States. The Supreme Court 
has decided that those powers which are of such a character that the exercise 
of them by the States would be, under any circumstances, inconsistent with 
the general theory of National government may be exercised only by the 
United States. 

Those delegated powers not of this character may be exercised by the 
States until the United States sees fit to exercise them. To illustrate, the 
Constitution delegates to Congress the power to enact bankruptcy laws. 
From 1878 to 1898 Congress did not desire a national bankruptcy law. All 
States enacted them. When a new National bankruptcy law was enacted in 



42 THE FEDERAL SYSTEM OF GOVERNMENT [§24 

government must show some specific or implied grant of power 
for everything it does ; a State government need only show 
that the Constitution does not x3rohibit it from doing whatever 
it sees fit to do. 

The ]!^ational government has power to 

Maintain an army and navy. (Art. I, Sec. 8 ; Art. II, 

Sec. 2.) 
Declare war and make peace. (Art. I, Sec. 8 ; Art. II, 

Sec. 2'.) 
Make treaties and other foreign relations. (Art. II, Sec. 2.) 
Eegulate immigration and naturalization. (Art. I, Sec. 8.) 
Eegulate foreign and interstate commerce. (Art. I, Sec. 8.) 
Maintain post offices and post roads. (Art. I, Sec. 8.) 
Issue coins and paper money. (Art. I, Sec. 8.) 
Grant copyrights and patents. (Art. I, Sec. 8.) 
Maintain federal courts of justice. (Art. I, Sec. 8; 

Art. Ill, Sec. 1.) 
Collect taxes for the above purposes and for the general 

welfare. (Art. I, Sec. 8.) 
Do anything " necessary and proper ^ for carrying into 

execution the foregoing powers." (Art. I, Sec. 8.) 

By way of illustration, let us enumerate a few powers which 
the State of Alabama could exercise. She could make laws 
requiring the consent of police officers to hold a church service ; 
could pay the salaries of Catholic priests ; could require all 
news items to be approved by a State censor before being 
published ; could prohibit the carrying, or even owning, of 
fire-arms ; and could try without a jury persons accused of 
crime. 

Alabama could do all these things because there is no provision 

1898 any details of the State laws inconsistent therewith became void. There- 
fore, while the States have a certain amount of power, the National govern- 
ment in reality is supreme in the sphere of concurrent power. 

iThe Supreme Court has construed "necessary and proper" to mean 
" expedient " or " appropriate." 



§25] SUPREMACY OF FEDERAL LAW 43 

in the Constitution of the United States prohibiting her.^ The 
Congress of the United States, as we have just seen, could not 
make any of these things lawful because it has not been dele- 
gated the power to pass any of these laws. A State can legis- 
late concerning marriages, divorces, insurance, regulation of 
cities, saloons, factories, and innumerable things which affect 
only the one State ; but the United States cannot legislate 
concerning these matters because there are no clauses in 
the Constitution permitting it either specifically or by impli- 
cation. 

25. Supremacy of Federal Law. — In our federal system of 
government some powers granted to the National government 
are almost certain to conflict with others which were apparently 
reserved for the State governments. The following passage 
from the Constitution shows that State laws which conflict 
with such National laws as Congress has constitutional 
authority for enacting must yield to the National laws : 

" This Constitution and the laws of the United States which 
shall be made in pursuance thereof, and all treaties made or 
which shall be made under the authority of the United States 
shall be the supreme law of the land." This means that Cali- 
fornia could not prohibit Japanese born in the United States 
from voting at regular elections, as this would violate the 
fifteenth amendment to the Constitution of the United States. 
Further, this also means that California could not hold regular 
elections for Congressmen in June because a law of the United 
States prescribes the month of November. Or, if the United 
States should make a treaty with China agreeing to guarantee 
to all Chinese residing in the United States all privileges of 
citizens of the United States, California could not place a 
higher license upon laundries run by alien Chinese than upon 
similar laundries conducted by Americans. 

1 It is barely possible but not probable that the courts would declare some 
of these laws contrary to the Fourteenth Amendment of the Constitution of 
the United States. For instance, they might hold that the State censorship 
would deprive a person of his liberty without due process of law. 



44 THE FEDERAL SYSTEM OF GOVERNMENT [§ 26 

26. Supremacy of the Federal Judiciary. — Not only is the 
federal law supreme but the federal courts decide whether a 
State or an individual has violated this law. If Virginia should 
pass a law conflicting with the Constitution, laws, or treaties 
of the United States, an}^ individual who feels aggrieved thereby 
might go to court, and if the case is Anally appealed to the 
Supreme Court of the United States this court would decide 
whether the State law really conflicts. The decisions of the 
Supreme Court are binding not only on private persons, but on 
States, and even on the Congress of the United States, if the 
latter passes a law contrary to the Constitution. 

27. Interstate Relations. — In the preceding sections of this 
chapter the relations that exist between the United States on 
the one hand and the States composing it on the other have 
been considered. In this section the relations that exist among 
the forty-eight States will be discussed. 

States Independent of One Another. — " Except as otherwise 
specifically provided by the federal Constitution, the States of 
the American Union, when acting within the spheres of govern- 
ment reserved to them, stand toward one another as indepen- 
dent and wholly separated States. The laws of the State have 
no force, and their officials have no public authority, outside 
of their own territorial boundaries. As to all these matters 
their relations inter se (among themselves) are governed by the 
general principles of private International Law." i 

Full Faith and Credit Clause. — The Constitution specifically 
provides that " full faith and credit shall be given in each State 
to the public acts, records, and judicial proceedings of every 
other State, and Congress may by general laws prescribe the 
manner in which such acts, records, and proceedings shall be 
proved and the effect thereof." (Art. IV, Sec. I.) 

Suppose A brings suit against I> in a court of New York, of 
which State both parties are residents, and the court decides 
that B owes A $1000 and gives A judgment. B moves to 



Willoughby on the Constitution, p. Vd\. 



§ 27] INTERSTATE RELATIONS 45 

New Jersey taking all of his property with him before it can 
be attached for the debt. A follows him and shows in the 
New Jersey court of proper jurisdiction the judgment of the 
New York court with the certificate of the New York judge, 
the signature of the clerk of the court, and the seal of the 
court. The New Jersey court, without reexamining the merits 
of the original claim, will give " faith and merit " to the judg- 
ment and will have its officer collect the debt for A. 

Privileges and Immunities. — The Constitution specifically 
provides that " the citizens of each State shall be entitled to 
all privileges and immunities of citizens in the several States." 
(Art. lY, Sec. 2.) This means that a citizen of one State may 
go to another State and there enjoy the same civil rights^ that 
citizens of the latter State enjoy, and likewise be subject to 
the same restrictions. 

As an example of the rights a citizen of one State may en- 
joy in another State, the legislature of Maryland passed a law 
(1868) imposing a license on the privilege of selling articles 
not manufactured in Maryland. For citizens of Maryland the 
license was not to exceed $150, but for citizens of other States 
the license was to be $300. Mr. Ward of New Jersey refused 
to pay more than $150, and the Supreme Court of the United 
States decided that Mr. Ward could not be required to pay 
more than citizens of Maryland. 

As an illustration of a restriction upon a citizen of one State 
while in another State, A has the right to sell cigarettes in 
Illinois. In Indiana the sale of cigarettes is forbidden by law, 
hence if A moves to Indiana he cannot sell cigarettes there. 

The courts have never given a complete list of privileges 
and immunities, but the following are some of them : The right 
to pass through, or reside in any other State for the purpose 
of trade, agriculture, professional pursuits, or otherwise ; to 
demand the writ of habeas corpus (see Sec. 135) ; to bring suit 
in the courts of the State ; to make contracts ; to buy, sell, and 

1 Civil rights are those of person and property. 



46 THE FEDERAL SYSTEM OF GOVERNMENT [§ 28 

own property ; to pay no higher taxes than the citizens of the 
State ; to marry. 

Extradition. — The Constitution specifically provides that " a 
person charged in any State with treason, felony, or other 
crime, who shall flee from justice and be found in another 
State, shall on demand of the executive authority of the State 
from which he fled be delivered up to be removed to the State 
having jurisdiction of the crime." (Art. IV, Sec. 2.) 

Occasionally a governor has refused to surrender an accused 
person and neither the United States Courts nor the President of 
the United States have compelled him to do so. Eor instance, 
about ten years ago ex-Governor Taylor of Kentucky was in- 
dicted as having been implicated in the murder of Governor 
Goebel, and fled to Indiana. The governor of Indiana, feeling 
that Taylor, a republican, would not receive a fair trial by the 
excited Democrats who were then in control in Kentuck}^, 
refused to extradite him. 

28. Separation of the Powers of the National Government. — The 
division of the powers between the JSTational government and 
the State governments has been discussed. The powers of the 
National government are further separated into three grand 
departments — the legislative, the executive, and the judicial. 

Legislative Department. — The Constitution of the United 
States provides that all legislative (lawmaking) powers of the 
National government shall be vested in a Congress. This 
body cannot authorize any other persons to legislate in its 
stead, but it can lay down rules and authorize others to put 
them into effect conditionally. For instance, it can direct the 
Interstate Commerce Commission (see Sec. 117) to prescribe 
reasonable railroad rates. Thereupon the Commission can 
prescribe a two-cent passenger fare on condition that this low 
rate will allow the railroad companies to earn reasonable profits. 

Executive Department. — The Constitution of the United 
States provides that the executive (law-enforcing) powers shall 
be vested in a President, whose duty it is to see that the laws 
that have been made by Congress are executed. 



§ 30] CHECK AND BALANCE SYSTEM 47 

Judicial Department. — The Constitution of the United States 
provides that the judicial (law-interpreting and law-applying) 
powers shall be vested in one Supreme Court and such inferior 
courts as Congress shall from time to time ordain and establish. 

29. Check and Balance System. — The legislative, executive, 
and judicial functions of government were vested in three 
separate bodies of public servants in order that each might 
be a check upon or balance to the other. The Constitution 
makers greatly feared the tyranny of a king after they had 
succeeded in throwing off the yoke of George III, and con- 
sidered the principle of the separation of powers essential to 
the protection of individual liberty. Therefore, the President 
was given the veto power over legislation passed by Congress ; 
Congress was given the right to impeach the President, judges, 
and other civil officers ; and the courts were allowed to declare 
unconstitutional, and hence of no force, laws enacted by Con- 
gress. 

30. Criticism of the Check and Balance System. — The principle 
of checks and balances in government is not held in such high 
esteem to-day as it was a century ago. The people no longer 
fear the officers whom they elect every few years. They admit 
that mistakes or evil designs of one department might be 
checked by another, but they have also come to realize that 
well-plaimed, honest policies of one department can be checked 
by the officers of another department if the latter are un- 
favorable to them. 

Moreover, many laws passed by the legislative department 
which are theoretically good work badly when enforced by the 
executive department ; while, conversely, the executive depart- 
ment is always in need of practical laws which the legislative 
department refuses to enact. In England, where the same 
persons are heads of executive departments and leaders in 
Parliament, this check on efficient government does not exist. 

There are times when our government comes to a standstill 
because the departments cannot agree upon a certain policy. 
The ideas of any one of the departments might work well if 



48 THE FEDERAL SYSTEM OF GOVERNMENT [§ 31 

vigorously pushed forward ; but when there is a difference of 
opinion between the legislative and executive departments, a 
political " boss," good or bad, must mount the vehicle of state 
and keep it moving. Since it has become necessary to have a 
boss it would seem well to be bossed by the President, who is 
elected by all of the people and is responsible to all of the 
people — at least every fourth year. 

31. Constitutional Amendments. — The legal methods of 
amending the Constitution of the United States are more diffi- 
cult than those of any other nation. There are four ways of 
amending it.^ 

First, an amendment may be proposed by a two-thirds vote 
of each House of Congress and ratified by the legislatures of 
three fourths of the States. All of the seventeen amendments 
have been adopted in this manner. 

Second, an amendment may be proposed by a two-thirds vote 
of each House of Congress and ratihed by Conventions in three 
fourths of the States. Eepresentative Hobson of Alabama 
recently offered an amendment providing for nation-wide 
prohibition, which would have been submitted to State Con- 
ventions if it had received a two-third vote of each House 
of Congress. 

Tliird, an amendment may be proposed by a National Con- 
vention, called by Congress when requested by the legislatures 
of two thirds of the States, and ratified by the legislatures of 
three fourths of the States. 

Fourth, an amendment may be proposed by a National Con- 
vention, called by Congress when requested by the legislatures 
of two thirds of the States, and ratified by Conventions in 
three fourths of the States. The Constitution was originally 
adopted in this manner. The Committee on the Constitution, 
an unofficial organization, now advocates a number of changes 
in the Constitution and urges that a National Convention be 
called for this purpose. 

1 See Art. V of the Constitution, p. 443. 



§32] 



CONSTITUTIONAL AMENDMENT 



49 



FOUR WAYS OF AMENDING THE CONSTITUTION OF THE 
UNITED STATES 

Proposed by Batified by 



Congress 
— # vote of each House 



National Convention 

— called by Congress when 

requested by legislatures of 

I of the States. 




Legislatures ^ 
of I of the States 

or 

Conventions ^ 
of f of the States. 



As soon as the government of tlie United States was es- 
tablished the first ten amendments were added to the Ct>nstitu- 
tion ; the eleventh amendment was added in 1798 ; the twelfth, 
in 1804. For sixty-one years no other amendment was added 
until the Civil \Yar resulted in the ratification of the thirteenth 
(1865), the fourteenth (1868), and the fifteenth (1870). Since 
then hundreds of proposals have been introduced, but only two 
have been submitted to the States ; the sixteenth, providing for 
a federal income tax, and the seventeenth, for the popular 
election of Senators, were both ratified in 1913.2 

Thus is the Constitution formally amended. Owing to the 
difficulty of persuading two thirds of the members of Congress 
to propose an amendment and three fourths of the States to 
ratify it, the Supreme Court has been led to give an elastic 
construction to the Constitution. 

32. Constitution Adaptable to Economic Changes. — While we 
have referred to the Constitution as an agreement, it is not an 
agreement in the sense of a contract which must be interpreted 
exactly as the parties to the contract understood it when it was 
entered into. When the Constitution was drafted in 1787 there 



1 Congress determines whether an amendment is to he ratified hy State 
Legislatures or by State Conventions. 

2 A State might ratify an amendment any time after Congress has submitted 
it, but after voting in favor of it a subsequent legislature of that State may 
not change its vote so long as the proposed amendment is pending. 



50 THE FEDERAL SYSTEM OE GOVERNMENT [§32 

were only 4,000,000 scattered people in the United States, 
no large cities, few factories, no steamboats or railroads, no tele- 
graphs, telephones, automobiles, no great monopolies ("trusts"). 
Things which concerned one State then now concern the 
entire Union, and as it has been almost impossible to amend 
the Constitution, the Courts have allowed Congress to read a 
new meaning into the words which the framers of the Constitu- 
tion used. So the Constitution instead of being a dead contract 
is a living agreement which changes with time and adapts 
itself to economic and social changes. One might say that the 
Elastic Clause of the Constitution, which gives Congress power 
to legislate on all matters " necessary and proper for carrying 
into execution" the enumerated powers, has kept the Con- 
stitution alive for more than a century of eventful years. 
(See Sec. 48.) 

Bibliography 

WiLLOUGHBY, W. W. The American Constitutional System. (Ameri- 
can State Series) 1904. 

Questions ox the Text 

1. Distinguish the meaning of confederate government from that 
of federal government. 

2. What are the advantages of federal government in the United 
States ? 

3. What is meant by " local self-government "? 

4. What is the Constitution of the United States ? 

5. Mention some powers which the national government may 
exercise. 

6. What powers are reserved to the States ? What amendment of 
the Constitution provides for this reservation ? 

7. Distinguish "delegated" or ''enumerated" powers from "re- 
sidual " or " reserved " powers. 

8. If a State law conflicts with a national law which must yield to 
the other ? 

9. With whom does the final interpretation of the federal law rest ? 
10. What relation do States bear to one another except as specifi- 
cally provided by the Constitution? 



QUESTIONS 51 

11. What is meant by the requirement that each State give full 
faith and credit to the public acts, records, and judicial proceedings 
of every other State ? 

12. Name some privileges and immunities which a citizen of one 
State is entitled to enjoy in every other State. 

13. What is meant by extradition f 

14. The powers of the national government are divided among 
what three grand departments ? What powers has each ? 

15. What is meant by the check and balance system ? What are 
the arguments in favor of and against the system? 

16. W^hat Article of the Constitution explains the manner in which 
the Constitution maybe amended? Explain in what four combina- 
tions of ways it may be amended. 

17. How many amendments to the Constitution of the United 
States are there ? 

18. Is the Constitution a " dead contract " or a " living document " ? 

Questions for Discussion 

1. The United States is a representative, constitutional, federal 
republic. Consult unabridged dictionaries and explain fully the 
meaning of each of these words. 

2. Let each pupil prepare a large chart showing the powers of gov- 
ernment under our federal system. The accompanying figure adapted 
from Tiedman's " Unwritten Constitution " can 
be enlarged. Let the outer circle represent all 
the powers of government. In section A write 
all the powers exclusively delegated to the 
National government ; in section B, all the powers 
reserved to the States ; in section C, the concur- 
rent powers, those which may be exercised by 
either the National or State governments ; in 
section D, those denied to the National government ; in section E, 
those denied to the State governments. Space may be economized 
by the nse of figures. 1.8.3. in section A would mean Article I, Sec- 
tion 8, Clause 3 ; Am. X in section B would mean Amendment X. 

3. Give reasons why each power granted exclusively to the National 
Government was so granted. 

4. What legal complication would arise if the federal law and 
system of courts were not supreme ? 




52 THE FEDERAL SYSTEM OF GOVERNMENT 

5. Wisconsin recently enacted a law making a doctor's certificate 
a prerequisite for obtaining a marriage license. Couples crossed into 
neighboring States and there married without a doctor's certificate 
and returned to Wisconsin to live. Could Wisconsin enact a law 
declaring such marriages illegal and prohibit the parties in question 
from living together within her boundaries ? 

6. In the government of one's self an individual is actuated by 
conscience, judgment, and will. Which of these is legislative, which 
executive, and which judicial ? 

7. Do you believe in the check and balance idea in government? 
To bring the problem close to home let us suppose your father the 
legislative department, your mother the judicial, and you the execu- 
tive. 

8. Power has a tendency to concentrate in the President if he 
becomes the party leader, in the Supreme Court, which may declare 
laws unconstitutional, or in Congress, which holds the purse strings. 
In which of the three would you consider the concentration of power 
the least objectionable? Give reasons for your decision. 

9. Representative Hobson's resolution provided that Congress sub- 
mit the amendment for nation-wide prohibition of the liquor traffic to 
Conventions in the States for ratification instead of to the Legisla- 
tures. Why to Conventions instead of to Legislatures? 



CHAPTER V 

THE LEGISLATIVE DEPARTMENT 

33. Congress. — The Legislature of the United States is 
called the Congress. It consists of a House of Representatives 
and a Senate. The House represents the national principle, 
because its members represent the people directly in pro- 
portion to population; and the Senate represents the federal 
principle, because its members represent the States, each State 
having equal representation. Article Y of the Constitution 
provides that "no State, without its consent, shall be de- 
prived of equal suffrage in the Senate." Without equal repre- 
sentation in the Senate such small States as Rhode Island, 
Delaware, and Maryland would not willingly have become 
members of the United States. 

The advantages derived from a Congress composed of two 
houses are : (1) The minority is protected against the majority. 
(2) The one acts as a check upon the other. Through this 
check system a bill passed in the heat of passion by one house 
can be submitted to the cool judgment of the other. (3) One 
large house elected for a short term can express the wishes of 
the people, while the other house elected for a long term and 
small enough for deliberate debate can carefully weigh and 
consider them. (4) The press of our country has a better 
opportunity to point out the defects of a bill before it is acted 
upon by the second house. 

Thomas Jefferson, who possessed great faith in " the voice of the 
people," was in France when the Constitution was framed. Upon 
his return, while taking breakfast with Washington, he opposed the 
two-body form of legislature, and was disposed to twit Washington 

53 



54 



THE LEGISLATIVE DEPARTMENT 



[§33 



about it. At this time Jefferson poured his coffee from his cup into 
his saucer. Washington asked him why he did so. " To cool it," he 
replied. "So," said Washington, "we will pour legislation into the 
Senatorial saucer to cool it." 

Eecently it has been argued that it is not in keeping with 
democratic institutions for Nevada, for instance, with 81,875 
inhabitants to have as much legislative power in the Senate 
as New York with more than one hundred times as many 



sfflillllM 


1 


i 


iiijiffijffl 


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The United States Capitol. 



(9,113,614). If New York were represented in the Senate 
proportionately with Nevada there would be 223 New York 
senators. To this argument Woodrow Wilson replied : 

" These critics are entirely wrong in assuming . . . that the 
newer, weaker, or more sparsely settled parts of the country have less 
of an economic stake' in its general policy and development than the 
older States and those which have had a greatindustrial development. 
Their stake may not be equal in dollars and cents — that, of course — 



§34] 



SESSIONS OF CONGRESS 



55 



but it is probably greater in all that concerns opportunity and the 
chances of life. There is a sense in which the interest of the poor 
man in the prosperity of the country is greater than that of the rich 
man : he has no reserve, and his very life may depend upon it. The 
very life of an undeveloped community may depend upon what will 
cause a rich community mere temporary inconvenience or negligible 
distress." 

A country so extensive as ours, and representing such a 
great variety of social, economic, and political conditions, would 
not have held together without equal representation of the 
States in the Senate. 



^HjSL^ r\- 










Principal Floor of the Capitol. 

Each number indicates a room, e.g., rooms 1, 2, 3, and 4 are occupied 
by the Committee on Appropriations, and number 40 is the room of the 
President. 



34. Sessions of Congress. — Each Congress is numbered con- 
secutively from the first term, which began March 4, 1789. 
The Sixty-third Congress began March 4, 1913, and ended 
March 4, 1915. 

There are two regular sessions of each Congress, which are 
commonly designated as the "long" and the "short" session. 
The long session begins on the first Monday in December of 
the odd-numbered years and lasts until some time in the follow- 
ing spring or summer. The short session begins on the same 



56 THE LEGISLATIVE DEPARTMENT [§ 35 

date in the even-numbered years and lasts until March 4 follow- 
ing, when the term of all representatives expires. Prior to 
1853 the short session ended at midnight, March 3, but at the 
the present time all business transacted between midnight of 
the third and noon of the fourth is dated the 3d of March. 
Also, if business is pressing at noon of March 4, the clock is 
turned back. 

The President may call extra sessions, such as President 
Wilson called for April 4, 1913, which session was called 
primarily for the purpose of enacting a low tariff law and a 
currency law. 

35. The House of Representatives. — Membership. — The House 
of E^epresentatives is the more numerous body of Congress. 
The membership is determined by Congress after each census, 
but the number allotted to each State must be in proportion to 
its total population.^ With a single exception (1842) the num- 
ber of representatives has regularly increased with each new 
apportionment. A representative from a State which has in- 
creased very little in population will naturally not consent to 
a reduction in the representation of his own State, as this 
would possibly mean the destruction of his own district. 
His only alternative is to vote to increase the representation 
of the States that have increased in population. 

Tlie number of representatives for the decade 1910-1920 is 
435, which is one for every 211,877 of population or fraction 
thereof greater than half. Even with this large membership 
the average number of inhabitants to a member has increased 
from 33,000 in 1793 to 211,877 for the present decade. A 
State is entitled to at least one member, regardless of popula- 
tion. Nevada, which has a population of only 81,875, and 
Arizona, New Mexico, Wyoming, and Delaware have one 



1 The Fourteenth Ameudment declares that whenever a State shall limit 
the right of its adult male citizens to vote, except for crime, its representation 
in Congress shall he proportionately reduced. This provision has never been 
enforced, and some statesmen claim that it has been superseded hy the Fif- 
teenth Amendment. 



35] 



THE HOUSE OF REPRESENTATIVES 



57 



representative each. The largest number from any one State 
is forty-three, the number from New York State.^ 

Election of Representatives. — The time, place, and manner of 
electing representatives are determined by Congress, but the 
Constitution provides for two-year terms of office and that any 
person may vote for them whom the State permits to vote for 
members of the most numerous branch of the State legislature. 
Since 1871 Congress has required the States to use ballots and 
since 1872 to hold congressional elections uniformly on the 
Tuesday following the first Monday of November every even- 




Hall of Representatives. 



numbered year.^ But in case of a vacancy in any State the 
Governor thereof may call a special election. 

During the first fifty years of our Union the States were 
permitted to elect their representatives as they chose. The 
method of electing them by districts early became popular, but 

1 A territory is represented in Congress by one delegate, the Philippine 
Islands by two Resident Commissioners, and Porto Rico by one. Any one of 
these may take part in debate, bnt none of them can vote. 

2 By a special provision of Congress Maine is permitted to hold her con- 
gressional election in September. 



58 



THE LEGISLATIVE DEPARTMENT 



[§35 



9,000 Dem. 
13,000 Rep. 



12,000 Dem. 
6,000 Rep. 



16,000 Dem. 
24,000 Rep. 



8,000 Dem. 
10,000 Rep. 



6,000 Dem. 
6,000 Rep. 



8,000 Dem. 
2,000 Rep. 



5,000 Dem. 
5,000 Rep. 



13,000 Dem. 
17,000 Rep, 



some States elected all members at large/ wMch made it 
possible for a State with a small Democratic majority to elect 

all Democratic members. 

This was clearly unrepre- 
sentative, and in 1842 
Congress prescribed that 
thenceforth all members 
should be chosen by dis- 
tricts. The district sys- 
tem tends to give repre- 
sentation to the minority 
party, but, as the States 
were laid out into districts 
by the State legislatures, 
the districts were so ar- 
ranged that the majority 
party continued to have 
a great advantage. 

By an act passed in 
1872, Congress rec^uired 
that the congressional dis- 
tricts be of contiguous 
territory and contain as 
nearly equal populations 
as practicable. The re- 
quirement that all terri- 
tory of a district be 
contiguous has been ob- 
served to the letter but 
not always in spirit. For 
° instance, in South Caro- 

lina the first district of the 1890 apportionment was shaped 
like two arrow heads which merely touched at the points. 



17,000 ]Dem. 
1 23,000 |Rep. 


26,000 Dem. 
2 14,000 Rep. 




3 

16,000 Dem. 
24,000 Rep. 






18,000 
22,000 


4 

Dem. 
Rep. 



1 At large means from the entire State. Each voter expresses as many 
preferences as there are congressmen to elect from the State. 



§35] 



THE HOUSE OF REPKESENTATIVES 



59 



The requirement that population be as nearly equal as 
practicable has been frequently violated. Recently one of 
the Republican districts in New York State contained 165,701 
inhabitants while one of the Democratic districts had a popu- 
lation of 450,000 inhabitants. 

Gerrymandering. — The scheme resorted to by an unfair 
legislative body to lay out congressional or other districts so 









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SOUTH 


CAROLINA GERRYMANDER, 1890. 



as to secure a majority of voters for the party in power in the 
greatest possible number of them is known as gerrymandering. 
This can sometimes be done by collecting as many voters of 
the minority party as possible into one district so as to make 
other bordering districts safe for the majority party. 

For instance, the accompanying figure A represents a State 
with four congressional districts, each consisting of 40,000 



60 



THE LEGISLATIVE DEPARTMENT 



[§35 



voters. In districts 1 and 4 the Democrats have a majority 
whereas in districts 2 and 3 the Kepnblicans have a majority, 
but in the entire State the Republicans have a majority of 
voters and therefore elect the majority of the members of the 
State legislature. This Republican State legislature redistricts 
the State as shown in figure B, having gerrymandered it so that 
the Republicans have a majority of voters in districts 1, 3, 
and 4 and the Democrats a majority in district 2 only. 

The map on page 59 shows how the districts of South Caro- 
lina were skilfully arranged in 1890 so as to throw large 

blocks of the Republican 
negro vote together, the 
populations varying from 
134,000 in the first district 
to 217,000 in the seventh. 

The scheme of unfair appor- 
tionment of districts is called 
"gerrymandering" from El- 
bridge Gerry of Massachusetts. 
In 1812, when Gerry was gov- 
ernor of Massachusetts, the 
Republican legislature re-dis- 
tricted the State in such a 
manner that one district had 
a dragon-like appearance. It 
was indicated on a map of 
Massachusetts which hung over the desk of- a Federalist editor. A 
celebrated painter added with his pencil a head, wings, and claws, 
and exclaimed, " That will do for a salamander ! " " Better say 
Gerrymander," growled the editor. 

Qualifications of Representatives. — A member of the House 
must be a man or woman twenty-five years of age, at least seven 
years a citizen of the United States, and an inhabitant of the 
State from which he is chosen, but not necessarily of the 
particular district. In practice, members are inhabitants of 
their districts, though in New York City a member of Congress 




The Original Gerrymander. 



§36] THE SENATE 61 

has been elected by a district in which he did not live. If 
this practice should become general there would be many more 
able men from whom to select congressmen. 

The House is judge of the elections, returns, and qualifica- 
tions of its members and has excluded persons for various 
reasons. For instance, in 1900 a majority of the House ex- 
cluded Brigham H. Roberts of Utah on the ground that he 
was practicing polygamy and thus violating the laws of his 
State. Two thirds of the House may expel one of its members 
for any reason it may think fit. 

36. The Senate. — Membership. — The Senate is the smaller 
body of Congress, and is composed of two members from each 
State. As there are now forty-eight States there are ninety- 
six senators. 

Term of Senators. — Senators are chosen for a term of six 
years, one third retiring every second year. By thus dividing 
senators into three classes the presence of too many new and 
inexperienced members is avoided. 

Election of Senators. — Until the Seventeenth Amendment 
was ratified in 1913 senators were elected by State legislatures. 
Now at the regular November election of every even-numbered 
year one third of the senators are elected directly by the 
people, and are sworn into office when the new Congress 
assembles.^ Each senator is elected from his State at large. 
All persons qualified to vote for members of the House of 
Eepresentatives may vote for senators. 

Qualifications of Senators. — A senator must be a male 
person, at least thirty years of age, nine years a citizen of 
the United States, and an inhabitant of the State from which 
he is elected. The Senate, like the House, is judge of the 
qualifications of its members. In 1912 Mr. Lorimer of Illinois 
was excluded by a majority vote, being elected as a result of 

1 Only one senator is elected from a State in any one year. Though when 
a vacancy occurs in the Senate the Governor of the respective State must call 
a special election unless the legislature empowers him to make a temporary 
appointment. 



62 



THE LEGISLATIVE DEPARTMENT 



[§S6 



bribes paid to Illinois legislators in behalf of bis election. He 
had been seated, although under protest, and had voted on many 
measures before the committee on elections could investigate. 
Also, like the House, the Senate can expel a member for any 
cause by a two-thirds vote. 

Special Functions of the Senate. — The Senate performs three 
special or non-legislative functions, two of which are executive 
and the third judicial. They are as follows : 



SOUTHERN LOBBY 




Senate Chamber. 



(1) The Constitution makes the approval of the Senate 
necessary to the validity of all appointments made by the 
President, unless otherwise provided. The reason for requir- 
ing the approval of the Senate was to prevent any errors or 
abuses of the chief executive, but in practice the senators claim 
the right of dictating to the President regarding appointments 
to such federal offices in the States as postmasters, federal 
judges, federal attorneys, and revenue collectors. 



§37] COMPENSATION OF CONGRESSMEN 63 

Under the custom known as " senatorial courtesy " the 
Senate will usually ratify or refuse to ratify an appointment 
according to the recommendation of the senators from the 
State in which the appointee resides. If the senators from 
that State are not members of the party in power the Presi- 
dent will confer with a representative or some politician from 
the State. Appointments are always considered in secret 
sessions, called " executive sessions." 

(2) All treaties are made by the President with the " advice 
and consent" of the Senate. For a short period after the 
adoption of the Constitution the advice of the Senate was 
asked before the President prepared a treaty, but now he 
merely consults with the Senate Committee on Foreign Kela- 
tions and with influential members of both parties. The 
Senate may reject a treaty in full or may suggest amendments 
to it. Treaties are considered in " executive sessions." 

(3) The Senate acts as a court of impeachment to try the 
President, Vice-President, or any other high civil officer.^ A 
two-thirds vote of the Senate is necessary to sustain an im- 
peachment. This removes the guilty person from office, and 
may deprive him of holding any other federal office if the 
Senate so desires. 

37. Compensation of Congressmen. — Congressmen, unlike 
other officers or employees of the government, hx their own 
salary, and the only limit upon the amount is the President's veto 
and the fear of not being reelected. Senators and representa- 
tives have always received the same salary. Each senator and 
representative now receives : (1) a salary of $7500 per annum ; ^ 
(2) twenty cents a mile going and coming by the shortest route 

1 Senators and representatives are not impeached, since either house can 
expel a member by a two-thirds vote. Military officers are removed by 
courts-martial. 

2 The salaries of congressmen from time to time have been as follows : 
1789-1815, S6 per diem while in attendance. 1866-1871, $5000 per annum. 
1815-1817, $1500 per annum. 1871-1874, $7500 per annum. 
1817-1855, $8 per diem. 1874-1907, $5000 per annum. 
1855-1866, $3000 per annum. 1907- $7500 per annum. 



64 THE LEGISLATIVE DEPARTMENT [§ 38 

for each regular or special session ; (3) publication and free 
distribution of speeches ; ^ (4) free postage, called the " frank- 
ing privilege " ; (5) free offices and $125 per annum for 
stationery ; (6) $1500 per annum clerk hire for representa- 
tives, $1800 clerk hire for senators, and an additional amount 
ranging as high as $5000 clerk hire for the chairman of each 
of the hfty-eight House and seventy-live Senate committees. 

In 1816 nearly all congressmen lost their seats because they 
increased thfe salary to $1500 a year, including the term partly 
served. In 1871, upon the last day of the session, Congress 
passed a bill increasing the compensation of its members from 
$5000 to $7500 per annum, and made it apply to the two 
years past. The next Congress repealed the measure. In 
1907, during the last session of the term. Congress, by a stand- 
ing vote, increased the salary from $5000 to $7500 — after it 
had been defeated hy a yea and nay vote. This did not take 
effect until the next session, but the members of this session 
had already been elected, so the voters were powerless for two 
yearSo It was recognized, however, that the increase was just. 

38. Privileges of Congressmen. — Congressmen are free from 
arrest during their attendance, and in going to and returning 
from the sessions, in all cases except treason, felony, and breach 
of the peace. As persons are no longer imprisoned for debts 
the privilege is of little value. " Treason, felony, and breach 
of the peace," include all indictable crimes. 

Another privilege of congressmen is freedom of speech dur- 
ing debate in Congress. That is, they may not be sued for any 
statement made on the floor of Congress. This privilege in- 
cludes the right to circulate copies of their speeches delivered 
in Congress. But a congressman is not privileged to defame 
any person in a newspaper article. 



1 Many speeches which are not actually delivered on the floor of Congress 
are published in the Congressional Record, of which each congressman re- 
ceives sixty copies free. However, a congressman may obtain any number 
of reprints of his speech by paying the Government Printing Office the actual 
cost of the same. 



OUTLINE FOR REVIEW 



65 



REVIEW 
Outline of Congrkss 



Members 


House of Kepkesentatives 
435 


Senate 
9G 


Qualifications . . 


25 years of age, 7 years a 
citizen of the United 
States, inhabitant of 
State where elected. 
Other qualifications de- 
termined by the House. 


30 years of age, 9 years a 
citizen of the United 
States, inhabitant of 
State where elected. 
Other qualifications de- 
termined by the Senate. 


Elected by . . 


Votes of Congressional 
Districts. 


Votes of State. 


Term .... 


Two years. 


Six years. 


Salary .... 


§7500 plus allowances. 


§7500 plus allowances. 


Sole Powers . . 


(1) Impeachment. 

(2) To originate revenue 
bills. 


(1) Court of impeach- 
ment. 

(2) Confirmation of ap- 
pointments made by the 
President. 

(3) Ratification of all 
treaties. 


Convene (in reg- 
ular session) . 


First Monday in every 
December. 


First Monday in every 
December. ' 



Presiding Officer 


Speaker 


Vice-PresidentIofthe United 

States called "President 

OF the Senate" 


Qualifications . . 


Member of House. 


The same as for President. 


Elected by . . . 


Members of the House. 


Presidential electors or 
Senate. 


Term .... 


Two years (often re- 
elected). 


Four years. 


Salary .... 


§12,000. 


§12,000. 


Vote .... 


The same as any other 
member of the House. 


Only in case of tie. 



1 A president pro tem of the Senate is elected by the Senate to preside in the 
absence of the Vice-President. 



66 THE LEGISLATIVE DEPARTMENT 

Bibliography 

Alexander, D. A. S. History and Procedure of the House of Rep- 
resentatives, 19J6. 
McCall, Samuel W. The Business of Congress. 1911. 
Reinsch, Paul S. Readings on American Federal Government. 1909. 

Questions on the Text 

1. What Article of the Constitution treats of Congress? 

2. Congress consists of v^^hat two houses? What does each house 
represent ? 

3. What are the advantages of a two-body legislature ? 

4. Do you favor equal representation in the Senate ? 

5. When does the long session of Congress begin? When does 
the short session end? 

6. How is the membership of the House of Representatives deter- 
mined ? Of how many members does it now consist ? Each represents 
how many people? ' 

7. Do any States have more senators in the Senate than represen- 
tatives in the House ? 

8. When are congressional elections held? How long is it after 
the election until the members take their seats? What is the term of 
office? 

9. Explain gerrymandering. 

10. What are the qualiiications of membership in the House of 
Representatives ? 

11. Of how many members does the Senate consist? What is the 
term of office? 

12. When are senators elected? Who may vote for them ? What 
are the qualifications for office? 

13. What special functions are performed by the Senate? 

14. What salary do congressmen receive? What other compensa- 
tion do they receive ? 

15. What special privileges have congressmen ? May a congress- 
man defame the character of a person in a newspaper article ? 

Questions for Discussion 

1. Do you favor equal representation of States in the Senate ? 

2. The number of any Congress can be determined by subtracting 
1789 (the year the 1st Congress met) from the year in which the Con- 



QUESTIONS 67 

gress of which the number is desired ends, and dividing the remainder 
by 2, because a Congress lasts two years. As a Congress always ends 
upon an odd-numbered year the number from which 1789 is subtracted 
is necessarily an odd number. By what number is the Congress now 
in session known ? 

3. The first woman representative, Miss Kankin, was elected from 
Montana in 1916. Give arguments for and against electing women 
to Congress. 

4. How are the political parties represented at present in the 
Senate and in the House of Representatives ? 

5. Is your State gerrymandered? 

6. To how many representatives is your State entitled ? 

7. In what congressional district do you live ? Who is your repre- 
sentative? How long has he been in Congress? What party does 
he represent? AVhat stand has he taken in regard to tariff legisla- 
tion, woman suffrage, national prohibition, or any matter in which 
you are interested ? (You can learn how congressmen vote from the 
Congressional Record or by writing to the National Voters' League, 
Washington, D. C.) 

8. Discuss in regard to your senators the same matters that you 
have considered in regard to your representative. 

9. Do you believe that popular election of senators will make 
them more responsive to popular opinion ? Do j^ou think they should 
respond as readily as representatives do, or should they decide meas- 
ures according to their own individual opinions ? 

10. In 1913 President Wilson's special session of Congress merged 
into the regular session, and a mileage allowance was not voted by 
Congress because the President opposed it. A few years previous 
thereto, under similar conditions, mileage was voted with the approval 
of President Roosevelt. This is known as " constructive mileage," 
because it is not actually travelled. Do you favor or oppose construc- 
tive mileage ? Why ? 

11. Members of the House of Commons in England receive a salary 
of ^2000 a year ; those of the House of Representatives in the United 
States, 17500. Which members are more likely to voice the wdll of 
the people ? 

12. Men of eminent ability in the United States engaged in other 
professions and commercial pursuits earn much more than we pay the 
members of the House of Representatives. What are the advantages 
and disadvantages of a high salary for a legislator ? 



68 THE LEGISLATIVE DEPARTMENT 

13. Do you believe in the unrestricted use of the " franking privi- 
lege"? In 1914 Senator Root franked 715,062 copies of his speech 
opposing tolls exemption of American coastwise vessels. This speech 
advocated an honorable compliance with our treaty obligations with 
England, but the frank is also used by congressmen representing 
special interests. 






CHAPTER VI 
THE POWERS OF CONGRESS 

39. Interpretation of the Constitution. — When our thirteen 
States united to form the United States of America they limited 
Congress to certain expressed powers enumerated in the Con- 
stitution and those " necessary and proper " to carry the ex- 
pressed powers into execution. Persons who favor strong 
State governments and a weak National government would 
restrict the powers of Congress to the bare letter of the Con- 
stitution, while those who favor a strong National government 
would interpret these powers liberally, thus increasing the 
legislative powers of Congress. 

Fortunately for the National government Chief Justice Mar- 
shall, who dominated the Supreme Court during the formative 
period of our government (1800-1835), gave a liberal construc- 
tion to the Constitution, thereby permitting Congress to do 
many things which Jefferson and other strict constructionists 
would have reserved for the States. Such men as Washington, 
Hamilton, Lincoln, and E-oosevelt have favored a liberal con- 
struction, believing that the government of the United States 
can govern more efficiently and with less annoyance to the people 
than the numerous States whose different laws often conflict. 

I. Expressed Powers 

40. Expressed Powers Interpreted. — The expressed powers of 
Congress are enumerated very briefly ; and without courts to 
decide exactly what they mean and what they include, Congress 
would often be tempted to exceed its authority. To illustrate, 
the Constitution (Art. I, Sec. 8, CI. 3) provides that " Congress 



70 THE POWERS OF CONGRESS [§41 

shall have power to regulate commerce with foreign nations 
and among the several States." ^ These words are very general, 
and federal courts have decided more than 2000 cases in ex- 
planation of them, and several hundred of these cases have 
been appealed and decided and supported by lengthy opinions 
of the Supreme Court of the United States. 

41. Foreign Commerce. — Congress has "power to regulate 
commerce with foreign nations." Under this power Congress 
regulates shipping ; determines numerous conditions under 
which vessels may fly the American flag, such as requiring a 
wireless equipment, life-preservers, life-boats, a definite limit 
to the number of passengers, and inspection of the ships ; pre- 
scribes how ships must enter and leave ports — e.g., stop at. 
quarantine stations for health inspection and have proper entry 
or clearance papers ; and imposes other requirements too 
numerous to mention. 

Under this power Congress has prohibited the importation 
of numerous articles — e.g., diseased animals or vegetables, 
opium except for medical purposes, obscene books, lottery 
tickets, adulterated and misbranded foods, articles having 
names or emblems simulating domestic trade marks, aigrettes, 
convict-made articles, white or yellow phosphorus matches, 
and prize-fight films. 

Under this power Congress has prohibited the exportation 
of white or yellow phosphorus matches and has authorized 
the President at his discretion to prohibit the exportation of 
contraband of war. 

42. Interstate Commerce. — Congress has power to regulate 
commerce among the several States. The strongest motive 
that led to the formation of our Union was the annoying taxes 
which each State placed upon the commerce of the others, 
hence the Constitutional Convention was prepared to give a 
liberal regulation of commerce to the central government. 

1 Congress also has power to regulate commerce within the Indian Tribes. 
For example, Congress prohibits the sale or gift of liquor to Indians or even 
the introduction of it into Indian country. 



i 



§42] 



INTERSTATE COMMERCE 



71 



When the Constitution was framed wagons or stage coaches 
naturally needed very little regulation, and slow sail boats did 
not present many interstate problems. The chief and perhaps 
the only purpose of this clause in the minds of the Constitution- 
makers was to prevent the States from interfering with the 
freedom of commercial intercourse among themselves ; it re- 
ferred to the articles to be transported rather than to the means 
of transporting them. 

However, the Supreme Court decided that the power of 
Congress to regulate commerce could not be confined to the 




Fulton's First Steamboat. 

The Clermont. 

instrumentalities in use at the time of the adoption of the Con- 
stitution, but kept pace with inventions and with the growth 
of the country. Thus, by this liberal and progressive attitude 
of the court, Congress has been able to do many things through its 
" power to regulate commerce . . . among the several States." 
Commerce Includes Navigation. — Thirty-five years after our 
government was established the Supreme Court was called upon 
to explain this commerce clause. Robert Fulton invented the 
steam-boat in 1807, and the legislature of the State of New York 
granted to Fulton and Livingston the exclusive right to run 
steam-boats on the Hudson River. Another person, Gibbons 
by name, disputed the right, and in 1824 the Supreme Court 



72 



THE POWERS OF CONGRESS 



[§42 



decided, in an opinion prepared by Chief Justice Marshall, 
that " commerce " is not only the purchase, sale, and exchange 
of commodities, or " traffic," but is also " intercourse," which 
includes the means of traffic, at least on water, and hence includes 
" navigation." So the legislature of the State of ^ew York 
did not have the right to grant an exclusive privilege to any 
person to " navigate " her rivers, as Congress alone had been 
given authority to regulate commerce among the States. 

Under the right " to regulate . . . commerce among the 
States " the Courts have allowed Congress to extend its control 




The First Railroad Train. 

over "navigation" until it now controls all navigable waters 
within States as well as between States. For example, between 
New York City and Albany, the United States Cxovernment 
deepens the channel, lights the river, inspects the boats, re- 
quires them to carry life-preservers, limits the number of pas- 
sengers ; and further, a bridge could not be built across the 
Hudson River where navigable without permission from the 
federal authorities. 

Commerce Includes Transportation. — The first railroads were 
built about 1830. Until the Civil War they were short lines, 



§42] 



INTERSTATE COMMERCE 



73 




Interstate Telegraph Lines. 



usually within tlie limits of one State. Just after the War 
they rapidly consolidated into through trunk lines, at which 
time Congress began to 
control them. In 1887 
the " Interstate Commerce 
Act " created the " Inter- 
state Commerce Commis- 
sion." The courts justified 
the regulation of interstate 
railroads under the com- 
merce clause, saying that 
commerce means " traffic," 
'■ intercourse," and also 
" transportation." 

Under this power to 
control interstate " trans- 
portation " the Federal Government regulates rates for articles 
or persons carried from one State to another, limits the number 

of hours that employees 
are permitted to work, 
requires safety appliances, 
compels roads to pay 
damages to employees ac- 
tually engaged in carrying 
on interstate commerce, 
or their assignees, if any 
employee is injured or 
killed from the negligence 
of any of the railroad's 
officers, agents, or em- 
ployees. 

Commerce Includes the 
Communication of Ideas. 
— The first telegraph line 
was built in 1842 and the 
first telephone was ex- 




The Wireless Station at Arlington, 
Virginia. 



74 THE POWERS OF CONGRESS [§42 

hibited at the Centennial Exposition in the year 1876. Both, 
when extending from one State to another, are regulated by 
the Federal Government inasmuch, as the courts have said, 
" commerce includes the transmission of messages." It like- 
wise regulates the wireless, because by means of this device 
messages are transmitted. 

The Right to Regulate Commerce Includes the Right to Pro- 
hibit Commerce. — The right of Congress to regulate commerce 
includes the right to exclude commodities — at least under 
some circumstances. Diseased cattle, dangerous explosives, 
goods and persons infected with disease, lottery tickets, C.O.D. 
shipments of liquor, impure or misbranded foods, products 
owned by railroads except for their own consumption, and 
liquor shipped into a prohibition State contrary to the law of 
the State, are examples of articles which Congress has excluded 
from interstate commerce. 

The Child Labor Law enacted by Congress in 1916 makes it 
unlawful to ship from one State to another or to a foreign state 
products of mines or quarries in which children under sixteen 
years of age are employed. It also makes it unlawful to so 
ship products of mills, canneries, or factories in which children 
under fourteen years of age are employed, or in which those 
between fourteen and sixteen years of age are worked more 
than eight hours a day, or more than six days a week, or be- 
fore six o'clock A.M., or after seven o'clock p.m. 

Tlie Right to Regulate Commerce Includes the Right to Protect 
Commerce. — The Sherman Anti-Trust Law of 1890 was enacted 
under the power to regulate commerce. It prohibits " every 
contract, combination in the form of a trust ^ or otherwise, or 

1 The trvsl was originally a device by which several corporations engaged 
in the same line of business would combine to eliminate competition and regu- 
late prices. This was done by creating a central board composed of the presi- 
dents or general managers of the different corporations and the transfer to 
them of a majority of stock from each of the corporations to be held "in 
trust" for the stockholders who thus assigned their stock. The stockholders 
received in return " trust certificates " showing that they were entitled to re- 
ceive dividends on their assigned stock, though the voting power of it had 



§ 43] TAXATION 75 

conspiracy in restraint of trade or commerce among the several 
States, or with, foreign nations." Under this act railroads are 
prohibited from forming combinations or " pools " for the 
maintenance of freight or passenger rates. Also, it was under 
this act that the Supreme Court ordered the Standard Oil 
Trust and the Tobacco Trust to dissolve. 

Another violation of the Anti-Trust law is quite interesting. 
Hat makers in Danbury, Connecticut, organized as a labor 
union, could not agree with their employer as to wages, so 
" scabs " (non-union men) were employed by the manufacturer. 
Thereupon the union endeavored to prevent the " scabs " from 
laboring for the manufacturer in question and at the same time 
persuaded merchants in other States not to buy hats made in 
Danbury. This was done by having their fellow labor union 
men in other States refuse to deal at stores handling these hats. 
The United States Supreme Court declared this boycott to be a 
conspiracy in restraint of commerce among the States, and the 
United Hatters of North America were ordered to pay the sum 
of $272,000 to the manufacturer whom they had thus injured. 

43. Taxation. — The power conferred upon Congress to levy 
and collect its own revenues is almost absolute, except (1) that 
•no duties may be levied upon exports ; (2) that excises ^ and 
import duties must be uniform throughout the United States ; 
and (3) that direct taxes except income taxes, if levied, must 
be apportioned among the States on the basis of population. 

been passed to the trustees. This enabled the trustees to elect all the directors 
of all the corporations, and thus prevent competition and insure better prices. 
Though the "trust" has been superseded by "holding corporations" and 
other devices, any monopolistic combination is called a " trust." 

A "holding corporation" is a corporation which purchases a controlling 
portion of stock in the various competing corporations, and controls those 
various corporations as trustees would, except that the holding corporation 
actually owns the stock. In case of the " Standard Oil Trust," the Standard 
Oil Company of New Jersey gradually exchanged its stock for that of the 
numerous different corporations. This, too, was considered in restraint of 
trade and the Supreme Court of the United States ordered that the stock be 
returned to the respective companies. 

iSee Sec. 45. 



76 THE POWERS OF CONGRESS [§ 43 

Export Taxes Prohibited. — The reason for the Constitutional 
prohibition against the export tax is plain. Suppose Congress 
could levy an export tax on cotton amounting to five cents a 
pound. The English buyers of cotton would pay to the Amer- 
ican growers no more than to those of other countries. There- 
fore, in order to compete, the American grower would have the 
tax to pay. As all cotton is grown in a few of the Southern 
States the South would have the entire tax to pay. 

Excises arid Import Taxes Must he Uniform. — The Constitu- 
tional requirement that excise taxes and import duties must be 
uniform throughout the United States means that these taxes 
must be the same on the same commodities in all parts of the 
country. To illustrate, the federal excise tax on the manu- 
facture of whiskey, which is now $1.10 a gallon, must be the 
same in New York as it is in New Mexico. The import duty 
on diamonds, which is now ten per cent ad valorem, must be 
the same at the port of New York as it is at the port of 
New Orleans. 

Direct Taxes Must Be Apportioned. — Without the Constitu- 
tional provision that all direct taxes must be apportioned among 
the States on the basis of population, a tax of so much an acre 
on land would have worked a hardship on States with much 
cheap land but little population. When the Constitution was 
framed wealth was distributed among the States very nearly 
in proportion to population, and a tax in proportion to popu- 
lation was just ; but since then wealth has concentrated in a 
few large cities and a direct tax which must be levied in 
proportion to population would be very unjust to rural States. 

Poiuer to Tax is Poiver to Destroy. — With the three excep- 
tions just considered the power of taxation is so absolute that 
it may be used even to destroy an industry so long as Congress 
professes to be exercising its power of taxation, for the courts 
will not consider the motives of Congress. As an illustration, 
in 1914 Congress laid a tax of $300 a pound upon the manu- 
facture of opium to be used for smoking and in this way 
destroyed the industry by taxation. 



§ 45] DIRECT AND INDIRECT TAXES 77 

The white or yellow phosphorus used in the manufacture of 
the old-fashioned match is very poisonous. Workmen in 
match factories often had their teeth fall out or their jaw 
bones decay, and many died from the poison. Matches made 
from other materials were a little more expensive. The Con- 
stitution does not give Congress power to regulate labor condi- 
tions directly; therefore in 1912 Congress imposed a stamp 
tax of two cents a hundred on matches made of white or yellow 
phosphorus. As matches retail for one cent a hundred the 
phosphorus match industry was of course destroyed. 

Taxation, in the form of tariff, has long been used to restrict 
or hinder the importation of various products in order to 
protect manufacturers in the United States from the competi- 
tion of foreign manufacturers. 

The only redress against high taxes on certain articles is 
the right of the voters to elect new congressmen who might 
repeal an objectionable tax law. 

44. Direct Taxes. — Taxes which are actually borne by the 
person upon whom they are imposed, such as capitation taxes 
and taxes on land and buildings, are direct taxes. Such taxes 
have been levied by the United States government only in case 
of war emergency — live times in all. No direct tax has been 
levied since the Civil War, except an income tax which need 
not be in proportion to population since the adoption of Amend- 
ment XYI to the Constitution of the United States. 

45. Indirect Taxes are those that can be shifted from the 
person who pays them to other persons, and are therefore 
indirectly paid by the people generally. To illustrate, such 
taxes are those which are levied on commodities before the 
commodities reach the persons who consume them but are 
ultimately paid by the consumers as a part of the market 
price. Indirect taxes are of two kinds — excises and cnsto^ns. 

Excises, popularly known as internal revenue duties, are 
taxes on commodities produced in the United States, such as 
the stamp tax on liquor, tobacco, playing cards, and oleo- 
margarine. (See Sec. 77.) The manufacturer pays the tax to 



T8 



THE POWERS OF CONGRESS 



[§45 



the government when he buys internal revenue stamps to stick 
on each barrel or package, but ultimately the consumer pays 
the tax, since the manufacturer adds the cost of the stamp to 
his selling price. 

Customs, popularly known as tariff duties, are taxes on com- 
modities imported from foreign countries. (See Sec. 77.) 
The tariff rate is frequently changed, recent changes having 

been made in the years 
1894, 1897, 1909, and 
1913, and it varies on 
different articles, now 
being as high as sixty 
per cent on some. Arti- 
cles entering the United 
States without tariff are 
said to be on the "free 
list" — e.g., coffee, raw 
wool, agricultural imple- 
ments ; articles taxed at 
a low rate are said to 
be taxed " for revenue 
only" — e.g. , diamonds , 
chamois skins, pine- 
apples ; while articles 
taxed at a high rate are 
said to be taxed " for 
protection " — e.g., auto- 
mobiles, silks, jewelry. 
The tax is often so high that certain articles are not shipped 
into this country at all. Then, of course, no revenue is col- 
lected, but the manufacturer of the articles in this country 
can charge more for these articles than otherwise, since foreign 
competition is removed. The tax is " for protection " to 
home industry. 

TJie Corporation Tax, first enacted by Congress in 1909, is a 
tax on most kinds of corporations, joint-stock companies, or 




United States Custom House at 
Philadelphia. 



§47] OTHER EXPRESSED POWERS OF CONGRESS 79 

associations. It is a tax equivalent to two per cent of the net 
income of such organizations. It is an indirect excise tax, or 
license, upon the special privilege of operating as a corporation. 

The Inheritance Tax. The inheritance tax was first levied 
by the National Government during the Spanish American War. 
The United States Eevenue Act of 1916 again imposed an in- 
heritance tax. The rate of the present tax varies from one to 
ten per cent, the rate increasing according to the amount in- 
herited ; but estates worth less than $50,000 are exempt from 
this national tax. (See Sec. 248.) 

This tax is classed as an indirect tax because it is a tax on 
the privilege of inheriting rather than upon the property in- 
herited. It is therefore in the nature of an excise tax. 

46. The Income Tax. — This tax is now practicable as a result 
of the Sixteenth Amendment (1913). The United States 
Revenue Act of 1916 provides for a progressive income tax on 
all incomes in excess of $3000,i varying in rate from two per 
cent on incomes between $3000 and $20,000 to fourteen per 
cent on incomes of more than $2,000,000. 

47. Other Expressed Powers of Congress. — The two expressed 
powers of Congress just discussed — the power to regulate 
commerce and the power of taxation — have been so liberally 
construed by the courts as • to give rise to other powers not 
necessarily associated with taxation or commerce, and because 
of their far-reaching importance we have discussed, them at 
some length. The following expressed powers of Congress 
need not be discussed in such detail. 

Poiver to Make Money. — Congress has power to coin money 
and issue paper money, but the States are forbidden to do either. 

Poioer to Borrow Money. — The Constitution gives Congress 
power to "borrow money on the credit of the United States." 
When there are unusual undertakings, like the Civil War or 
the construction of the Panama Canal, the usual revenues are 

1 A married man living with his wife or a married woman living with her 
hushand is taxed on all income in excess of $4000 ; but in case each has an 
income in excess of S^OOO only one is exempt from the tax on $4000. 



80 THE POWERS OF CONGRESS [§47 

not adequate and Congress borrows money. The ordinary 
method employed by the government for borrowing money is 
the sale of bonds.^ Bonds which are used by governments and 
corporations when they borrow money are like promissory 
notes given by individuals when they borrow money — a 
promise to pay a certain sum at a specified time. The United 
States has been able to borrow money at a rate of interest as 
low as two per cent. 

Bankruptcy. — Both Congress and the State legislatures have 
the power to regulate bankruptcy, but since the national law 
enacted in 1898 covers the entire domain of bankruptcy it 
supersedes all State bankruptcy laws.^ 

Naturalization is the process by which citizens of one coun- 
try become citizens of another, and Congress has the power 
" to establish a uniform rule of naturalization." Under the 
immigration laws certain persons are not allowed to enter the 
United States, and naturally such persons are not permitted 
to become naturalized. This applies to Orientals ; and the 
Chinese, the Japanese, the Burmese, and the East Indians have 
been refused naturalization. 

Postal Service. — Congress has power to establish post offices 
and post roads. ^ The government may condemn land for 
post-office sites and could condemn it for post roads should it 
become necessary. Of course a fair price must be paid the 
owner for his property. A State is not permitted to establish 
a postal system, nor is an individual. For instance, express 
companies could not make a business of carrying first-class mail. 

1 There are two forms of bonds — coupon and registered. A twenty-year 
coupon bond has attached to the bottom, like stamps, forty small engraved 
coupons, and every six months the owner cuts one coupon which represents 
his semi-annual interest, and has it cashed at bank as he would an ordinary 
check. Holders of registered bonds receive their interest by checks. A 
registered bond can be replaced if lost but a coupon bond cannot. 

2 For meaning of " bankruptcy " see U. S. Constitution, Act I, Sec. 8, note. 

3 " Post roads" are all letter carrier routes in towns and cities, railroads 
and canals, and all the waters of the United States during the time that 
mail is carried thereon. 



§ 47] OTHER EXPRESSED POWERS OF CONGRESS 81 

Copyrights and Patents. — Congress has the power "to pro- 
mote the progress of science and of useful arts, by securing 
for limited times to authors and inventors the exclusive right 
to their respective writings and discoveries." 

A copyright is the exclusive right of an author or his assignee 
to print and publish his literary or artistic work. The protec- 
tion is granted by the government for a period of twenty- 
eight years ; renewable for another twenty-eight years. The 
right extends to maps, charts, engravings, sculpture, dramatic 
or musical compositions, and pictures, as well as books. In 
1912 the Supreme Court decided that moving pictures of 
Ben Hur, a copyrighted book, was a dramatization, and hence 
an infringement of the copyright. (See Sec. 120, note.) 

A patent is a grant of the exclusive right to manufacture, 
use, or sell a new and useful invention for a period of years. 
At present the number of years is seventeen, which term may 
be extended only by special act of Congress. (See Sec. 99.) 

Weights and Measures. — Congress has power to regulate 
weights and measures. By a recent act of Congress fruit and 
vegetable batrels packed for interstate commerce must be of a 
prescribed uniform size. Congress could establish the metric 
system throughout the United States if it chose to do so. 

Judicial Poioers. — Congress has power to establish federal 
courts, to define and punish piracies on the high seas, to define 
and punish offences against the law of nations, and to punish 
counterfeiters of federal money and securities. 

Power over Federal Districts. — Congress has power to legis- 
late for territories of the United States, the District of 
Columbia, forts, dockyards, national parks, federal build- 
ings, etc. 

War Poioers. — Congress has power to declare war, to grant 
letters of marque and reprisal, to make rules concerning captures 
on land and water, to raise and support armies, to provide and 
maintain a navy, to make laws governing land and naval forces, 
to provide for calling out the militia, and to provide for or- 
ganizing, arming, and disciplining the militia. 



82 THE POWERS OF CONGRESS [§48 

II. Implied Poweks 

48. The Elastic Clause. — The last clause of Article I, Section 
8, of tlie Constitution, known as the " elastic clause,'" or the 
"necessary and proper clause," gives Congress power '-to 
make all laws which shall be necessary and proper for carry- 
ing into execution the foregoing (expressed) powers." Chief 
Justice Marshall decided that " necessary and proper " means 
" convenient or useful." Therefore, Marshall concluded that 
this '*' necessary and proper " clause implies that Congress 
might pass any laws which are '' convenient or useful " in 
carrying into execution those laws which Congress has a 
specific, undisputed right to enact. 

Subsequent Supreme Court judges have construed the "nec- 
essary and proper clause " very liberally ; they have practically 
changed the " and " in " necessary and ^Droper " to " or," so 
that the Constitution really reads "necessary or proper." 
With this clause thus interpreted Congress has been able to exer- 
cise wider and wider powers. 

The Constitution gives the United States ex^:)ress power 
to punish only four crimes — counterfeiting, felonies com- 
mitted on the high seas, offences against the law of nations, 
and treason ; but other laws that Congress has express power 
to enact would be worthless if it could not pmiish the breaking 
of them, therefore Congress has the implied right to punish all 
crimes against the United States. 

The Constitution does not specifically allow Congress to 
charter a National bank, but the great Chief Justice Marshall 
decided that the right is implied in the power to collect taxes 
and to borrow money. State banks were not carefully managed 
and a Xational bank was " convenient and useful " for the safe- 
keeping of the taxes collected. 

The Constitution does not expressly provide for river and 
harbor improvements or the building of canals, but the power 
is implied from the express power "to maintain a navy and 
regulate commerce. 



§ 49] EXPRESSED POWERS 83 

The power of eminent domain is not expressly granted to 
the United States, but the express powers to establish post- 
offices and to establish courts implies the necessity of post- 
office buildings and court houses, therefore the United States 
can condemn land for these purposes by the right of eminent 
domain.^ 

If our Constitution could be more easily amended the mean- 
ing of its clauses need not be " stretched " to meet new con- 
ditions, but most of the implied powers would become enumer- 
ated powers through Constitutional amendments. 

Outline of the Eighteen Powers Vested in Congress by 
Article T, Section 8 

49. Expressed Powers : 

I. Peace Powers : 

1. To lay taxes. 

a. Direct (not used since the Civil War, except income tax). 
h. Indirect. 

Customs = Tariff. 

Excises = Internal revenue. 

2. To borrow money. 

3. To regulate foreign and interstate commerce. 

4. To establish naturalization and bankruptcy laws. 

5. To coin money and I'egulate its value ; to regulate weights 

and measures. 

6. To punish counterfeiters of federal money and securities. 

7. To establish post offices and post roads. 

8. To grant patents and copyrights. 

9. To create courts inferior to the Supreme Court. 

10. To define and punish piracies and felonies on the high 

seas ; to define and punish offences against the law of 
nations. 

11. To exercise exclusive jurisdiction over the District of 

Columbia ; to exercise exclusive jurisdiction over forts, 
dockyards, national parks, federal buildings, etc. 

iThe right of eminent domain is the right that a government exercises in 
taking private property for a public purpose by paying the owner a fair price 
for it. 



84 THE POWERS OF CONGRESS [§50 

II. War Powers : 

12. To declare M^ar; to grant letters of marque and reprisal; 

to make rules concerning captures on land and water. 

13. To raise and support armies. 

14. To provide and maintain a navy. 

15. To make laws governing land and naval forces. 

16. To provide for calling out the militia. 

17. To provide for organizing, arming, and disciplining the 

militia. 

50. Implied Powers : 

18. To make all laws necessary and proper for carrying into 

execution the foregoing powers. 

For example — To punish the breaking of any federal 
law. 
To establish National banks. 
To improve rivers and harbors. 
To dig canals. 

To condemn property by eminent 
domain. 

Bibliography 

McClain, Emlin. Constitutional Law in the United States. (Amer- 
ican Citizen Series.) Second edition. 1910. 

Hall, J. P. Constitutional Law. 1910. 

WiLLOUGHBY, W. AV. The Constitutional Law of the United States. 
Students edition. 1912. 

WiLLOUGHBY, W. W. The Constitutional Law of the United States. 
2 vols. 1910. 

Questions ox the Text 

1. In what Article and Section of the Constitution are most of 
the expressed powers of Congress enun)erated? 

2. Upon what clause of this Section is the theory of implied 
powers based ? 

3. What two general views are there as to the proper method of 
construing the Constitution ? 

4. Should a congressman refuse to vote for a law which he 
thinks a desirable law but unconstitutional ? 



QUESTIONS 85 

5. Name some statesmen who have favored a liberal construction 
of the Constitution. 

6. Name one or more strict constructionists. 

7. What three restrictions are placed upon Congress as to the 
power of taxation ? 

8. What is the reason for prohibiting export taxes ? 

9. What is the meaning of import taxes ? Why must they be 
uniform thoughout the United States ? 

10. Explain how Congress has used the power of taxation for the 
purpose of regulating or destroying certain industries. 

11. What is the only redress against unreasonably high taxes? 

12. What are direct taxes? Has the United States levied any 
direct taxes since the Civil War? 

13. What are indirect taxes ? AVhat two kinds of indirect taxes 
are there ? By what other name are customs duties knovni ? Give 
an example of a customs tax. Of an excise tax. 

14. There are what two kinds of tariff ? What is meant by ad 
valorem tariff ? By specific tariff ? By tariff for revenue ? By tariff 
for protection ? 

15. What is meant by the corporation tax? 

16. What is meant by an income tax? How much federal income 
tax would a single man whose income is ^5000 have to pay? 

17. What is meant by foreign commerce ? 

18. Under its powers to regulate foreign commerce Congress has 
excluded what articles from the United States ? 

19. What is meant by interstate commerce ? 

20. Explain how the power of Congress to regulate commerce has 
expanded? Does commerce include navigation? Transportation? 
Wireless telegraphy ? 

21. What interstate commerce has been prohibited by Con- 
gress ? 

22. How has commerce been protected by Congress under its 
power to regulate interstate commerce ? 

23. What is a trust or monopoly ? 

24. What are the two most important expressed powers of Con- 
gress ? 

25. j\Iay a State coin money or issue paper money? 

26. What does naturalization mean ? Who may not be naturalized 
in the United States? 

27. What is meant by post roads ? 



86 THE POWERS OF CONGRESS 

28. What is a copyright? A patent? For how many years does 
each protect the author or inventor? 

29. What war power has Congress? 

30. What is meant by implied powers? Give examples. 

31. What is meant by the elastic clause F What other name is 
given this clause? In what Article and Section of the Constitution 
is it found ? 

Questions for Discussion 

1. The English Parliament has power to do " anything but make 
a man a woman or a woman a man." AVhy has Congress only about 
eighteen enumerated powers and those necessary and proper to carry 
the enumerated powers into execution ? 

2. Do you favor a " liberal construction " or a " strict construc- 
tion " of the Constitution ? Why ? 

3. Are direct taxes or indirect taxes more just? Which are easier 
to collect? 

4. When a high internal revenue tax was placed on tobacco the 
people of Virginia, who manufactured large quantities of tobacco, 
felt that they were being unjustly taxed. The tax has not been 
reduced, but complaints are no longer heard. Why? 

5. How could Congress destroy the manufacture and sale of 
liquor in the United States ? 

6. Why is the tariff on champagne $3.00 a gallon and that on 
vinegar only four cents? 

7. Does the American manufacturer or the American laborer 
receive more benefit from a protective tariff when cheap labor from 
Europe can come to this country for a few dollars and compete with 
American laborers ? 

8. Is a protective tariff a tax in proportion to ability to pay or 
does it unfairly tax the poor ? 

9. When the tariff on luxuries, e.g., 46 per cent ad valorem on silk 
fabrics, is so high that scarcely any are imported is it a tax on lux- 
uries or merely a bounty to those who produce it in this country? 

10. The patriarchs of old were blessed with many children, and 
their private property immediately benefited a large number. The 
multi-millionaires to-day are blessed with few children, and property 
from generation to generation tends to concentrate in a few hands. 
Does this condition make a high progressive income or inheritance 
tax more reasonable and expedient to-day than formerly? 



QUESTIONS 87 

11. Why is an inheritance tax easy to collect? Why is it a just 
tax? Should inheritances of less than $50,000 be taxed ? Should one 
of $50,000 be taxed at the same rate as one of $100,000 ? 

12. A congressman has recently proposed that the National gov- 
ernment borrow a billion dollars and lend it to States or counties for 
road-building under certain restrictions including provision for the 
permanent maiiitenance of the road. States and counties have 
to pay about six per cent interest on money that they borrov^^ ; 
the United States can borrow money at about four per cent. If 
the States and counties pay an average of six per cent interest 
to the National government, how long would it be before the 
debt would be entirely wiped out if the difference of four per 
cent and six per cent is applied to the principal? The National 
government has been an honest borrower; some States have not 
been honest. How much would the United States' reputation be 
worth in fifty years? 

13. In 1913 Congress enacted a law providing for the physical 
valuation of all railroads that carry interstate commerce. Why does 
Congress desire to know what it costs to construct or reconstruct these 
roads ? 

14. Under the pure food act of 1906 the labels on bottles of patent 
medicines must name the ingredients of the medicine. Do you favor 
this " prying into a man's business" or do you favor the old theory, 
"Let the purchaser beware"? What other articles should the gov- 
ernment require the manufacturers to label correctly? 

15. Does the federal Interstate Commerce Commission or the 
Virginia Corporation Commission regulate the rate of carfare between 
Norfolk and Richmond, Virginia? Between Norfolk, Virginia, and 
Baltimore, Maryland ? 

16. A Brooklyn boy was fined fifty dollars for setting up a wire- 
less apparatus on the roof of his house without first securing a federal 
license. The instrnment could pick up messages from ships and from 
other States. AVhy can the Federal government require a license for 
such an apparatus ? 

17. The independent press agencies claim that the Associated 
Press violates the anti-trust law by monopolizing the agencies for the 
distribution of news. If this accusation is true is the Associated 
Press a very dangerous monopoly ? 

18. Of more than a million immigrants who came to this country 
annually before the European war more than 300,000 could neither 



88 THE POWERS OF CONGRESS 

read nor write any language. Do you favor the law of 1917 which 
excludes aliens who cannot read any language ? 

19. At present a patent gives a person a monopoly. The Social- 
ists claim that this is bad policy, and that anybody should be per- 
mitted to manufacture a patented article who will pay the patentee a 
uniform royalty, the amount to be determined by the government. 
What argument can you advance for and against the contention of 
the Socialists? 



CHAPTER VII 
CONGRESS m ACTION 

51. Organization of the House of Representatives. — Officers. — ■ 
Before a new Congress assembles it is known whicli party will 
control the House; and the members of the majority party 
hold a caucus (see Sec. 57) to nominate the Speaker, who 
is the presiding officer of the House ; a clerk ; a chaplain, 
who opens each daily session with a short prayer ; a sergeant- 
at-arms, who preserves order ; ^ a door-keeper ; a postmaster ; 
and other less important officers. As the action of this caucus 
is considered binding upon the majority members, the final 
election after the House convenes is a mere formality. 

Openmg of a New Congress. — Eepresentatives who are elected 
in November of the even-numbered year succeed their prede- 
cessors the following March, when the previous Congress offi- 
cially ends ; but unless a special session is called between 
March 4 and the first Monday in December they will not be 
sworn in until the latter date — thirteen months after election. 
Immediately after the expiration of a Congress at noon on the 
4th of March of every odd-numbered year the House is without 
a Speaker and committees. It has no rules, no sworn member- 
ship, and no actual existence as an organized body. All un- 

1 The sergeant-at-arms also has charge of the halls and pays members their 
salaries, but his most interesting function is that of custodian of the mace, a 
representation of the Roman fasces surmounted by a globe and an eagle of 
silver, which is the symbol of authority. When the House is in session the 
mace is always in a stand to the right of the Speaker. If the Speaker cannot 
maintain order he instructs the sergeant-at-arms to approach the unruly 
member with the mace and demand order in the name of the House. If the 
display of the mace does not restore order the House may authorize the 
sergeant-at-arms to arrest the unruly member. 

89 



90 



CONGRESS IN ACTION 



[§51 



passed bills of the old Congress are dead and must be reintro- 
duced when the new Congress organizes. 

When a new Congress assembles in December the members- 
elect are called to order by the clerk of the preceding House. 
The clerk reads a roll of members-elect whose credentials are 
in due form ; the members-elect select a Speaker, who takes his 




The Senate Building. 

This building contains committee rooms, a caucus room, and offices for 
each senator. It is connected with the Capitol hy a tunnel. There is a 
building of the same kind for the representatives, called the House Building. 



oath of office from the oldest member-elect in point of ser- 
vice — called " the Father of the House " ; the Speaker, in 
turn, administers the oath to members-elect against whom no 
objections are raised by fellow members ; the Democrats seat 
themselves to the right of the centre aisle, the Republicans 
to the left ; and, iinally, the new clerk is chosen. The rules, 
usually those of the preceding House, are adopted. Thus the 
House is organized. 



§52] RULES OF PROCEDURE 91 

The Senate, a continuous body, is notified that the House is 
organized and ready to i:)roceed to business. A joint committee 
of the two houses notify the President that they are ready to 
receive any communications. ■ The following day the Presi- 
dent's message, outlining desired legislation, is read by the 
clerk of each house to the houses in joint session, or by the 
President himself if he desires, as Washington and Wilson 
did. 

52. Rules of Procedure. — According to the Constitution each 
house may make its own rules of procedure, but must keep a 
public journal showing how motions are disposed of and the 
vote for and against bills and resolutions. It also requires the 
votes of each member to be recorded if one fifth of the mem- 
bers present demand it. This requirement enables a small 
number of members to put all the members on record, and thus 
their constituents may know how their representatives have 
voted on important bills. 

Senate Rules are not so drastic as those of the House because 
the body is smaller and can proceed in a somewhat less formal 
manner. The President of the Senate recognizes members in 
the order in which they rise, and a member may speak as long 
as he chooses. So long as a single senator desires to debate a 
measure it may not be voted upon. This rule prevents hasty 
legislation but also allows the minority members to filibuster, 
that is, endeavor to prevent a vote on a bill which would pass if 
allowed to come to a vote. At the end of a session filibustering 
has frequently prevented the passage of an objectionable bill 
or else secured the adoption of amendments. 

House Rules are changed oftener than Senate rules, and are 
more drastic, otherwise the large house would make no progress. 
A member may not speak more than an hour without unani- 
mous consent ; the Speaker is not obliged to recognize members 
in the order in which they rise ; and a majority, by means of 
the " previous question," ^ may end a debate at any time. 

1 "The previous question " means, " Shall the main question now be put? " 



92 CONGRESS IN ACTION [§ 53 

Tliough the rules prescribe a regular order of business for 
each day in the week — e.g., Friday is " private bill day " — most 
bills are considered when the regular order of business is 
departed from. The regular order of business may be departed 
from by the unanimous consent of the members or by the adop- 
tion of a " special order " recommended by the committee on 
rules. On two Mondays in every month, and during the last 
six days of the session, rules may be suspended by a two-thirds 
vote, and therefore popular bills may be taken up out of their 
regular order. 

The House Committee on Rules was originally intended to 
report upon desirable changes in the rules of the House. 
Gradually it obtained the power to determine the order of pro- 
cedure and practically what measures should be considered. 
Until 1910 it was composed of five members, the Speaker and 
four others appointed by him — two of the majority party and 
two of the minority. This allowed the Speaker to dominate leg- 
islation to such an extent that he spoke of the committee as con- 
sisting of " myself and two assistants," the two assistants being 
members of his own party whom he could control. By 1910 
Speaker Cannon, " stand-patter of stand-patters," so offended 
the " insurgent " or " progressive " Republicans that, with the 
aid of the Democrats, they passed a rule depriving the Speaker 
of membership on the committee and increased the size of 
the committee to ten members.^ The appointment of this 
committee and of all other committees was finally taken from 
him. 

53. Committees. — The House of Representatives has become 
too large for free debate and neither the House nor the Senate 
could work out the details of important legislation upon the 
floors of the houses. Therefore each house is divided into 
numerous standing committees, which are permanent through- 
out a term of Congress (two years), and into other temporary 
committees. The Sixty-fourth Congress had fifty-eight stand- 

iThis Committee has since been increased to eleven members. 



COMMITTEES 



93 



iiig committees in the House and seventy-five in the Senate. 
The committees vary in size from two to twenty-two members. 
Each member of the House serves on one or two committees, 
each senator on from five to ten. 

These committees investigate proposed legislation' and rec- 
ommend for passage the bills which they approve. In each 
house there are only twenty-odd active committees, and though 



If 

i 




li 
? 


i 


\ 
'4 









Democratic Members of the Ways and Means Committee 
OF THE Sixty-second Congress. 

The majority members frequently meet alone in the consideration of a bill. 



these vary in importance from time to time the following ten 
are of first imjDortance : 



House of Representatives 

Rules 

Ways and Means 

Appropriations 

Rivers and Harbors 

Military Aif airs 

Naval Affairs 

Foreign Affairs 

Interstate and Foreign Commerce 

Judiciary 

Banking and Currency 



Senate 

Rules 
Finance 
Appropriations 
Public Expenditures 
Military Affairs 
Naval Affairs 
Foreign Relations 
Interstate Commerce 
Judiciary 
Commerce 



94 CONGRESS IN ACTION [§54 

Until the year 1910 all members of House committees were 
selected by the Speaker, but under the new rules they are 
elected by the members of the House.^ Senate committees are 
also elected by members of the Senate.^ The majority party of 
each house gives the minority party representation on each 
committee. 

The names of committees indicate the class of bills which 
the Speaker of the House and the President of the Senate 
refer to them ; for instance, the Speaker refers bills for raising 
revenue to the Ways and Means Committee of the House and 
the President of the Senate refers them to the Finance Com- 
mittee of the Senate. 

54. Bills. — Any member of either house of Congress may 
introduce bills, except that a bill for raising revenue must be 
introduced in the House by a representative. During the 
second session of the Sixty-second Congress senators introduced 
9077 bills and resolutions ; representatives, 29,713 ; total 38,790. 
Of these, 530 public bills and resolutions and 186 private bills 
— a total of 716 — passed. Less than two per cent of those 
introduced became law. However, most of them were not 
intended to become law, but were merely introduced " to please 
the voters back home." 

1 Though the committees are formally elected by the members of the House 
they are practically chosen iu a very different manner. The dominant party 
of the House meets iu caucus some time before the House is organized and 
selects the majority members of the Ways and Means Committee, who act as 
a committee on committees to nominate majority members of all standing 
committees. The minority members of the House also meet in caucus and 
delegate to their leader the duty of nominating members. For instance, in 
the winter of 1914-1915 the Democrats decided that Mr. Kitchin of North 
Carolina should be their floor leader as well as chairman of the Ways and 
Means Committee. The Republicans decided that Mr, Mann of Illinois should 
be their floor leader. So, practically, the members of the standing committees 
of the House were chosen by these two men. When the Sixty-fourth Congress 
met in December, 1915, Mr. Kitchin nominated all members of the standing 
committees and they were promptly elected without a word of debate. 

2 Committees of the Senate are in reality chosen by two committees on com- 
mittees selected by the caucuses of the two leading parties. The nominees of 
these committees are usually elected by the Senate without debate. 



§ 55] UNDERWOOD-SIMMONS TARIFF BILL TRACED 95 

A bill may become law by a majority vote of each house of 
Congress and the signature of the President. If the President 
takes no action within ten days, Sundays excluded, the bill 
becomes a law without his signature. Or, if he vetoes a bill, 
it may still become law if again passed by a two-thirds vote of 
each House. 

55. The Underwood-Simmons 1 Tariff Bill Traced. — In 1912, 
when a Democratic President and Congress who favored tariff 
reduction were elected, the party leaders conferred and pre- 
pared a tariff bill during the winter months. President Wilson 
was inaugurated March 4, 1913, and on March 17 called a 
special session of Congress, which convened on the 7th of April. 

The bill " to reduce the tariff duties and to provide revenue 
for the government, and for other purposes," having been pre- 
pared to the satisfaction of the President and the Democratic 
members of the Ways and Means Committee, Representative 
Underwood of Alabama, Chairman of the Committee, intro- 
duced it on April 21 by placing it in the " hopper " of the 
House."^ The parliamentary clerk at the Speaker's table, acting 
for the Speaker, numbered the bill H. R. 3321, there having 
been 3320 other bills introduced by members of the House of 
Representatives since the 7th of April. He referred it to the 
Committee on Ways and Means. The bill was recorded by its 
title in the Journal of the House ^ and in the Congressional 
Record ^ for that day and thus brought to the attention of the 
members. 



1 A law commonly takes its name from the chairman of the House com- 
mittee and the chairman of the Senate committee to which the bill has been 
referred. 

2 The " hopper " is a large basket in which new bills are deposited. 

3 The Journal of the House contains the minutes of the proceedings from 
day to day, which are read at the opening of each daily session. 

4 The Congressional Record reports the debates of congressmen, the motions, 
the votes, and the disposition of bills. Each morning a copy of it is furnished 
to each member of Congress. The official reporters always correct the Eng- 
lish of speeches and often give them a more elegant finish without changing 
the meaning. 



96 CONGRESS IN ACTION [§ 55 

As the Committee had already considered the bill, Mr. 
Underwood, acting for the Committee, reported it back to the 
House the following day, April 22, without amendment and 
with recommendation that it be passed. It was listed upon 
the proper calendar, announced by title to the House, and re- 
ported to the Committee of the Whole.^ The House resolved 
itself into Committee of the Whole day after day for the 
consideration of this bill, and here only was it read and con- 
sidered section by section. On May 7 the Committee of the 
Whole reported the bill back to the House with amendments. 
The bill was ordered " engrossed," that is, printed upon paper 
of a fine texture under the direction of the clerk. The next 
day it was read by title and passed by a vote of 281 yeas to 
139 nays. 

The clerk of the House carried a certified copy of the bill to 
the Senate and announced that it had been passed by the 
House. After debate for several days as to whether the 
Finance Committee should hold public hearings upon the bill, 
it was referred to the Finance Committee on the 16th of May. 
(It should be noted that there is no Ways and Means Com- 

1 After revenue or appropriation bills have been reported from one of the 
standing committees, the House always resolves itself into the Committee of 
the Whole in order that these bills may be discussed freely. This committee 
is composed of all the members of the House, but only 100 are required for a 
quorum, therefore members who are not interested in the bill under considera- 
tion need not attend. It operates with less formal rules than the regular 
sessions of the House and no individual votes are recorded — only the totals. 
The Speaker does not preside when the House is in Committee of the Whole 
but calls another member to the chair. There is no reason for his vacating 
the chair except that we follow the old English custom whereby the Speaker 
of the House of Commons was excluded from the Committee of the Whole of 
Parliament for fear he would report to the King what was being discussed in 
committee. The mace is also removed from its high pedestal at the right of 
the Speaker. In Committee of the Whole the bill is discussed in detail, and 
amendments are usually recommended when it is reported back to the House 
(regular session) for a final vote. 

In the Senate all 'bills are debated as in Committee of the Whole. The 
Senate "Committee of the Whole " differs very little from the Senate proper. 
The President of the Senate remains in the chair and a full majority of the 
whole body is necessary for a quorum. 



§ 56J MAKING THE NATIONAL "BUDGET" 97 

mittee in the Senate, as all bills for raising revenue originate 
in the House.) On July 11 Senator Simmons of North 
Carolina, Chairman of the Finance Committee, reported the 
bill back to the Senate with numerous amendments. It was 
freely debated by the Senate " as in Committee of the Whole " 
and passed with amendments on the 9th of September. 

As the bill had been amended by the Senate it was necessary 
to have a conference committee of the two houses to reconcile the 
differences, therefore the Speaker appointed seven representa- 
tives and the President of the Senate appointed seven senators. 
This committee brought the houses to an agreement and the 
amended bill was accepted by the respective houses. After 
the presiding officers of the houses had signified this agreement 
the bill was sent to the President, who signed it on the 3d of 
October. Thus did bill H. R. 3321 become Public Law No. 16, 
this being the sixteenth bill of a public character enacted into 
law by the Sixty-third Congress. 

56. Making the National " Budget." — Nearly every civilized 
state has a finance minister who prepares a statement of the es- 
timated cost of conducting the government and indicates how the 
necessary money is to be raised. The legislative body of such 
a state accepts the proposal or rejects it, or may decrease cer- 
tain items, but it may not increase them. This method of 
raising money and expending it creates a true budget. 

The United States government does not have a finance 
minister who is responsible for raising and expending its 
revenues, hence it has not a true budget. However, Congress 
devotes a large portion of its time to the creation and con- 
sideration of a so-called budget. The Ways and Means Com- 
mittee of the House of Representatives prepares bills for 
raising all revenue, and nine other distinct committees of the 
House prepare bills appropriating the revenue. 

The head of each of the ten administrative departments pre- 
pares an estimate of its needs for the succeeding year and 
transmits it to the Secretary of the Treasury. When the 
Secretary has collected these ten estimates, he sends them to 



98 CONGRESS IN ACTION [§ 56 

the Speaker of the House as he received them. The Speaker, 
in turn, separates these estimates into eight groups, referring 
one group to each of the eight committees^ having power to 
prepare appropriation bills. 

Each congressman, through these various appropriating 
committees, endeavors to get as much money as possible out of 
the treasury to be spent in his home district — to use the con- 
gressional phrase, " to get pork out of the public pork-barrel." 

These " pork-barrel " appropriations are commonly obtained 
for pensions, private claims, federal officers, post offices in 
small towns where they are not needed, for a new army post 
or naval station wherever the committee chairman's district 
happens to be, and for river and harbor improvements where 
there is no commerce. Some years ago Senator Tillman of 
South Carolina openly declared that when general stealing is 
going on it is his business to see that his State gets its share. 
During a Senate debate he declared : " The whole scheme of 
river improvement is a humbug and a steal ; but if you are 
going to steal, let us divide it out, and not go on complain- 
ing." Upon another occasion when the naval appropriation 
bill was before the Senate, he remarked: ''We have a little 
orphan of a naval station down in South Carolina, for which I 
am trying to get a few crumbs of this money which is being 
wasted." 



1 These eight committees having power to prepare appropriation bills are : 

1. Committee on Appropriations. This committee prepares bills for the 
legislative, executive, and judicial expenses ; for sundry civil expenses ; for 
fortifications and coast defences ; for the District of Columbia ; for pensions; 
and for all deficiencies. 

2. Committee on Military Affairs. 

3. Committee on Naval Affairs. 

4. Committee on Indian Affairs. ^ 

5. Committee on Foreign Affairs. 

6. Committee on Post Ofiices and Post Koads. 

7. Committee on Eivers and Harbors. 

8. Committee on Agriculture. 

The Committee on Claims and the Committee on War Claims prepare special 
appropriation bills from time to time. 



§56] MAKING THE NATIONAL "BUDGET" 99 

Each congressman is able to get " pork " for his district be- 
cause he helps every other one to get it for his own. This 
practice of working together in securing appropriations is 
known as "log-rolling" — a term drawn from pioneer life 
where neighbors lent a hand in rolling logs when a settler was 
building his cabin. 

This pork-barrel-log-rolling practice is a natural result of the 
present irresponsible system of budget-making in the United 
States, and shows the great need of a true budget system to 
prevent waste. In 1909 the late Senator Aldrich of Rhode 
Island, Chairman of the Committee on Finance, said : " I am 
myself satisfied that the appropriations made last year could 
have been reduced at least $50,000,000 without impairing the 
efB.ciency of the public service." 

Eepresentative Fitzgerald of New York, Chairman of the 
Committee on Appropriations, thinks that no money should be 
appropriated from the treasury except by a vote of two thirds 
of each House of Congress, unless it is requested by one of the 
department heads and submitted to Congress by the Presi- 
dent.^ In 1910 the Commission of Efficiency and Economy 
recommended the creation of a national budget prepared by the 
Executive, not by Congress. The plan reverts to that orig- 
inally devised by Alexander Hamilton.- 



1 This idea is practically the provision found in the Constitution of the 
southern Confederate States, paragraph nine of Section IX. 

2 The law creating the office of Secretary of the Treasury provided that the 
Secretary should be a true finance minister. His duty was " to prepare and 
report estimates of the public revenue and the public expenditures." Alexan- 
der Hamilton, the first Secretary of the Treasury, prepared a true budget, 
which provided for raising the revenue as well as appropriating it. 

In the early part of the nineteenth century the House created a Committee 
on Ways and Means to provide revenue and to make all appropriations, thus 
taking from the Secretary of the Treasury the responsibility of creating a 
true budget. 

For many years one annual bill provided for raising all revenue and also 
for its expenditure. Gradually more and more appropriation bills were passed 
each year, but all were prepared by the Ways and Means Committee. 

As a result of the Civil War a new committee, known as the Committee on 



100 CONGEESS IN ACTION [§57 

57. The Party Caucus. — Each party in the House of Eepre- 
sentatives has a secret conference of its members, known as 
the party caucus, for the purpose of securing unanimous party 
action on any important question. The important question 
may be the nominaton of the speaker, the floor leader, or the 
whips ^ of the party. More often the work of the caucus is to 
determine the party attitude on pending legislation. 

When important legislation is under consideration the ma- 
jority caucus- meets and decides whether or not the bill will be 
made a party measure. In the caucus each member may speak 
freely ; but if the majority decide to make the bill a party 
measure every member of the party is expected to vote for it 
in the House. For instance, when the Underwood-Simmons 
Tariff Bill was under consideration in 1913 the Democratic 
caucus decided that the bill should pass the House, and that it 
should not be amended by the House unless Mr. Underwood 
himself, chairman of the Ways and Means Committee, should 
offer the amendment. If any member fails to vote as directed 
by the caucus he is likely to lose all influence in the party. 

The minorit}' party of the House also has a caucus for the 
selection of its leaders and to determine whether it will act 
solidly as a party in opposing a bill favored by the majority party. 

The Democratic caucus is held in secret. In 1913 the caucus 
of the Republican party in the House was thrown open to the 
public, but a majority of its members may hold a special secret 
caucus ; and on the most important matters it is yet held in 
secret. 

The political parties in the Senate also have their caucuses. 
In fact, there is a special caucus room in the Senate Building 
as well as one in the House Building. 

Appropriations, was created to prepare all appropriation bills, the Committee 
on Ways and Means continuing to prepare all bills for raising revenue. 

In 1885 the House began to divide the work of creating appropriation bills 
among various committees, and to-day there are eight such committees. 

1 A "whip" is a member of a party who looks after the interest of the 
party and secures the attendance of as many members as possible when an 
important vote is to be taken. 



QUESTIONS 101 

Bibliography 

Ford, Henry Jones. The Cost of Our National Government. 1910. 

Haines, Lynn. Your Congress. 1915. 

Reinsch, Paul S. Readings on American Federal Government. 1909. 

The Congressional Directory. 

House and Senate Rules. 

The Congressional Record. 

The Searchlight on Congress. A monthly bulletin published by The 
National Voters' League of Washington, D. C, to acquaint the 
people with the methods and votes of their lawmakers. 

Questions on the Text 

1. What is a caucus ? 

2. When are Representatives elected? How many months later 
do they succeed their predecessors ? How many months later do they 
ordinarily take their seats ? 

3. Who calls a new Congress to order ? 

4. How is the Speaker of the House chosen ? 

5. A term of Congress extends over how many years ? Does the 
Senate ever have to reorganize? 

6. Who makes the rules of procedure for each house? 

7. How many members of each house are necessary to demand that 
all votes on any measure be recorded? 

8. How long may a member of the Senate speak ? What is meant 
by a filibuster? 

9. How long may a member of the House speak ? How may a 
debate be brought to a close in the House? 

10. Under what conditions may a bill be taken up out of its regular 
order ? 

11. What committee recommends changes in the rules of the 
House ? 

12. What duties are performed by the committees of the House 
and of the Senate? About how many committees are there? Name 
some of the more important ones. 

13. How are House committees chosen ? 

14. Who may introduce bills? About what proportion of the bills 
introduced become law ? 

15. Name the steps through which a bill must pass to become law ? 



102 CONGRESS IN ACTION 

16. When a term of Congress comes to an end what becomes of all 
the bills which have been introduced during that term ? 

17. Trace the course of the Underwood-Simmons Tariff Bill. 

18. What is the Journal of the House? How often read ? 

19. What is the Congressional Record? How often issued? 

20. What is the Committee of the AVhole? How many members 
are necessary for a quorum? Who presides? 

21. Does the United States have a true budget? How is the 
" budget " of the United States prepared? How should it be prepared? 

Questions fok Discussion 

1. Why cannot a bill be defeated in the House of Representatives 
by filibustering as well as in the Senate ? 

2. Around every legislative body are numerous lobbyists, or persons 
whose business it is to influence legislation. Capitalistic organizations, 
labor organizations, liquor associations, the Anti-Saloon League, and 
similar bodies keep lobbyists in Washington. Some lobbyists are 
kept there purely for selfish or corrupt purposes, and some to educate 
Congress concerning the needs of the country. Do you think it would 
be wise to require all lobbyists to register with the clerk of the House 
in order that it might be publicly known how much and what kind 
of influence is being brouglit to bear on Congress? (See Sec. 167.) 

3. A roll call of 435 members requires much time and a representa- 
tive recently introduced a bill providing for an electric voting machine 
with which each member could record his vote "yes," "no," or 
" paired," by pressing one of three buttons attached to his seat. At 
tlie clerk's desk the machine w^ould puncture a hole in one of three 
columns opposite the names of the members, and give the total at 
the bottom of each column. That each member may know how the 
others are voting it is also proposed that the names of all members be 
posted on the wall back of the Speaker with a red, blue, and white 
small electric bulb opposite his name, the color of the light indicating 
the nature of his vote. What arguments are there for and against 
this scheme? 

4. The fate of all important bills is determined in the majority 
party caucus. Our laws are really not enacted by a majority of Con- 
gress but by a majority of the majority party in each house. As a 
result of this custom a bill might conceivably become a law w^hen 
only one fourth plus one of the members favor it. This is party 



QUESTIONS 103 

government and is efficient, but it has some disadvantages. Discuss 
tiie custom. 

o. Unless an extra session is called, a congressman does not take 
his seat until 13 months after liis election. In the meantime the 
members of the old Congress who have been reelected to the new 
make all arrangements for the organization of the new Congress, the 
newly elected members merely ratifying the work of the old organiza- 
tion. What are the advantages and disadvantages accruing from 
this custom? 

6. In the spring of 1914 Representative Hobson introduced in the 
House a resolution to amend the Constitution, giving Congress power 
to regulate the manufacture of liquors. The resolution was referred 
to the Judiciary Committee. Congressmen who were unwilling to 
vote upon the question before the November election hoped that the 
Judiciary Committee would live up to its reputation of being a 
" legislative morgue." But the committee members, aroused by criti- 
cism against them, refused to " hold the bag," and on May 5 reported 
the resolution to the House without recommendation. Explain the 
words "legislative morgue." 

7. Is the wastefulness of our system of appropriating money due 
to the character of congressmen elected or to the system which they 
find when they enter Congress? How might the system be improved? 

8. Prepare a bill on some subject in which you are interested. All 
bills must begin with the following enacting clause : 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, that, etc. 



CHAPTER VIII 

THE EXECUTIVE DEPARTMENT 
I. The Pkesident 

58. Qualifications of the President. — The President of the 
United Statels must be a natural born citizen of the United 
States, must be at least thirty-live years of age, and must have 
been for fourteen years a resident within the United States. 

59. Election of the President. — The framers of the Consti- 
tution intended to remove the office of chief magistrate as far 
as possible from the passions of the masses. Accordingly they 
arranged that the President should be chosen indirectly by a 
" college of electors " composed of as many members as there 
are representatives and senators in Congress. These electors 
were expected to use their own judgment and to select the 
httest person for the presidency. This system of electing the 
President continues, but since Washington's two terms (1789- 
1797), i.e. since political parties became well defined, these 
electors have been merely honorary mouth-pieces to vote as 
their political party directs. 

Each State is entitled to as many electors as it has repre- 
sentatives and senators in Congress, and may select them in 
any manner that the State legislature desires. At first the 
legislatures themselves chose the electors, and chose those who 
were known to favor certain candidates. This method was 
considered undemocratic, and gradually the legislatures trans- 
ferred the choice of the electors from themselves to the voters 
of the respective States. 

In some States two electors were chosen by the voters of the 
State-at-large, and the remaining electors were chosen by con- 
gressional districts. The result was that some districts chose 
Democratic electors, while others chose Republican electors. 
But the majority party of each State saw that all its electors 

104 



§ 50] ELECTION OF THE PRESIDENT 105 

could be elected if they were chosen at large, and naturally 
the majority party abandoned the district system in favor of 
the State-wide system. 

To-day all States choose their quota of electors by a general 
State-wide ticket ; thus a State whose Democratic voters are 
in the majority will select all Democratic electors, and a State 
whose Republican voters are in the majority will select all 
Republican electors.^ Por instance, in 1884 the Democratic 
party in New York had a majority of only about 1000 in a 
total vote of more than 1,000,000 ; but all of the thirty-six 
Democratic electors were chosen and cast their votes for the 
Democratic candidate, Mr. Cleveland. On the other hand, the 
Republican party in Pennsylvania had a majority of 81,000 in 
a total vote of 866,000, and hence all of the Republican electors 
were chosen. In other words, in these two States Blaine 
received 80,000 more popular votes than Cleveland, but Cleve- 
land received six more electoral votes than Blaine. If the 
Democrats had not carried New York State Blaine would have 
been elected President of the United States instead of Cleveland. 

On several occasions the presidential candidate who received 
the most popular votes throughout the country did not receive 
the most electoral votes, and was therefore not elected. For 
instance, in 1888 Harrison received 233 electoral votes against 
Cleveland's 166 and was elected, though Cleveland received 
about 100,000 more popular votes than Harrison. This was 
due to the fact that Cleveland's electors piled up votes in the 
Southern States, whereas the Harrison electors carried Northern 
States by small majorities. The accompanying table shows 
exactly how the popular vote and electoral vote were cast for 
each candidate at this election. 

1 There are several instances where the electoral vote of a State has been 
divided, even with the State-wide ticket. In 1908 Maryland gave two electoral 
votes to Taft and six to Bryan, although a small majority of the voters of 
the State thought they were casting their full vote for Taft. The election 
was so close that the few voters who blundered by marking their ballots for 
the first-named Taft electors only, believing that they were thereby voting 
for all of the Taft electors, caused six votes to go to Bryan. 



106 



THE EXECUTIVE DEPARTMENT 





Popular Vote j 


Electoral Vote 


States 












Harrison 


Cleveland 


Harrison 


Cleveland 


Alabama 


56,197 


117,320 


_ 


10 


Arkansas . . 








58,752 


85,962 


— 


7 


California . . 








124,816 


117,729 


8 


— 


Colorado . , 








50,774 


37,567 


3 


— 


Connecticut . . 








74,584 


74,920 




6 


Delaware . . 








12,973 


16,414 


— 


3 


Florida . . . . 








26,657 


39,561 


— 


4 


Georgia . . . 








40,496 


100,499 


— 


12 


Illinois .... 








370,473 


348,278 


22 


— 


Indiana . . . 








263,361 


261,013 


15 


— 


Iowa . . . 








211,598 


179,887 


13 


— 


Kansas . . . 








182,934 


103,744 


9 


— 


Kentucky . . 








155,134 


183,800 


— 


13 


Louisiana . . 








30,484 


85,032 


— 


8 


Maine . . . 








73,734 


50,481 


6 


— 


Maryland . . 








99,986 


106,168 


— 


8 


Massachusetts 








183,892 


151,856 


14 


— 


Michigan . . 








236,370 


213,459 


13 


— 


Minnesota . . 








142,492 


104,385 


7 


— 


Mississippi . . 








30,096 


85,471 


— 


9 


Missouri . . 








2.36,257 


261,974 


— 


16 


Nebraska . . 








108,425 


80,552 


5 


— 


Nevada . . . 








7,229 


5,362 


3 


— 


New Hampshire 








45,728 


43,458 


4 


— 


New Jersey 








144,344 


151,493 


— 


9 


New York . . 








648,759 


635,757 


36 


— 


North Carolina 








134,784 


147,902 


— 


11 


Ohio .... 








416,054 


396,455 


23 


— 


Oregon . . . 








33,291 


26,522 


3 


— 


Pennsylvania . 








526,091 


446,633 


30 


— 


Rhode Island . 








21,968 


17,530 


4 


— 


South Carolina 








13,736 


65,825 


— 


9 


Tennessee . . 








138,988 


158,779 


— 


12 


Texas . . . 








88,422 


234,883 


— 


13 


Vermont . . 








45,192 


16,785 


4 


— 


Virginia . . 








150,438 


151,977 


— 


12 


West Virginia 








77,791 


79,664 


— 


6 


Wisconsin . . 








176,553 


155,232 


11 


— 


Total 


5,439,853 


5,540,329 


233 


168 



§ 59] ELECTION OF THE PRESIDENT 107 

In brief, the President is to-day elected as follows : Each 
political party nominates a candidate for the presidency at a 
national convention (see Sec. 149) held in June or July of the 
" presidential year." About the same time the various parties 
in each State nominate in any manner the State legislature 
permits the quota of electors to which the State is entitled. 
These nominees are voted for in the various States on the 
Tuesday following the first Monday of November in each 
" leap year." To illustrate, a Democrat in New Jersey votes 
for the fourteen Democratic electors as shown on the ballot on 
the following page. 

If, after the State election board has received all of the 
returns of the election from the various local election boards, 
it is found that the Democratic electors have received more 
votes than any other set of electors, they assemble at the 
capital city, Trenton, and cast their votes the second Monday 
of the January next following. These votes are signed by 
each elector, certified by the Governor, sealed and sent to the 
president of the United States Senate. Each of the other 
States follows the same method. 

On the second Wednesday in February the president of the 
Senate opens these returns and, in the presence of the two 
houses, counts them and declares the candidate elected who 
has received the majority of electoral votes (now 531). If no 
candidate has a majority (266) of all the electoral votes, the 
House of Eepresentatives elects one of the three leading candi- 
dates, the representatives from each of the 48 States casting 
one vote. If no candidate receives a majority (25) of these 
votes by the fourth of March next following, the Vice-President 
is inaugurated as President. 

The uselessness of our Electoral College is expressed in an 
interesting way by Elbert Hubbard in the following sentences : 
" The original argument [in favor of the Electoral College] 
was that the people should not vote directly for President, 
because the candidate might live a long way off, and the voter 
could not know whether he was fit or not. So they let the 



108 



THE EXECUTIVE DEPARTMENT 



[§59 



W> ItnOKB Ori^BT TKft JVD0 C» 1 



OFFIOIAL ^AliLOT 



^.C^^ 




I 

I 



citizen vote for a wise and honest elector he knew. The result 
is that we all now know the candidates for President, but we 
do not know the electors. The Electoral College in America 



\ 



§61] SUCCESSION TO THE PRESIDENCY 109 

is just about as useful as the two buttons on the back of a 
man's coat, put there originally to support a sword belt. We 
have discarded the sword, yet we cling to our buttons." 

However, it would not be practical to elect the president 
by a direct popular vote of the people, because a State with 
unrestricted equal suffrage casts five times as many votes 
as a Southern State with merely manhood suffrage restricted 
by educational qualifications. }>ut there could be no objec- 
tion to dispensing with the presidential electors if each State 
retain the same number of electoral votes. In this case the 
voters would cast their ballots directly for the presidential 
candidate of their preference, and the candidate receiving 
the most popular votes in each State would be entitled to 
all the electoral votes of the State. The electoral votes 
could then be counted as at present. This method of elect- 
ing the President would save the trouble of nominating 
presidential electors, the cost of printing their names on the 
ballots, the expense of having them assemble to cast their 
votes, and would avoid the difficulties arising from the death 
of electors before their votes are cast. 

60. Term of the President. — The President-elect is inducted 
into office on March fourth following his election, and serves 
until the fourth of March four years later. There is no legal 
limit to the number of terms he may serve, though in practice 
no President has been elected oftener than twice, thus follow- 
ing the precedents of Washington and his successors. 

61. Succession to the Presidency. — The Constitution provides 
that in case the President is removed by impeachment, death, 
resignation, or inability, his duties shall devolve upon the Vice- 
President ; and by the Presidential Succession Act of 1886 it is 
provided that in case of the inability of both the President and 
Vice-President to perform the duties of the office, the cabinet 
officers shall succeed in the following order : (1) Secretary of 
State ; (2) Secretary of the Treasury ; (3) Secretary of W^ar ; 
(4) Attorney-General ; (5) Postmaster-General ; (6) Secretary 
of the Navy ; (7) Secretary of the Interior. 



110 



THE EXECUTIVE DEPARTMENT 



[§62 



62. Compensation of the President. — The President's salary 
is determined by Congress, but the amount may be neither in- 
creased nor diminished during the period for which he is 
elected. Prom 1789 until 1873, the beginning of Grant's second 
term, the salary of the President was $25,000 ; from the latter 
date until 1909, $50,000; since 1909 his salary has been 




The Executive Offices, showing the White House to the Right. 

The room with the bay window is the President's office ; the rooms to the 
left are occupied by the Secretary to the President, and those to the right 
are the cabinet rooms. 

$75,000 a year, plus $25,000 or as much thereof as needed for 
travelling expenses, and the use of the Executive Mansion, com- 
monly called '' The White House." ^ 



1 Other appropriations made in connection with the presidential otlice for 
1912-1913 were : For Executive Mansion (1) care, repair, horses, vehicles, etc, 
$35,000; (2) fuel for Mansion, greenhouses, and stables, $6000; (3) light- 
ing, $8600; (4) grounds, $5000; (5) greenhouses, $12,000; oil portrait of 
Taft for Mansion, $4000. For Executive Office (1) secretary, clerks, sten- 
ographers, etc., $72,056; (2) contuigent expenses, $25,000. For the Presi- 
dent's protection, an indefinite amount. 



§ 64] DUTIES AND POWERS OF THE PRESIDENT 111 

63. Duties and Powers of the President. — In order that the 
President may perform the various duties which the Constitu- 
tion, acts of Congress, treaties, and customs place upon him, he 
has to have corresponding powers. As the head of the executive 
branch of government it is his duty to see that the Constitu- 
tion, laws and treaties, and decisions of the federal courts are 
enforced. To perform this duty he has been given power to 
appoint and dismiss thousands of officers ; command the army 
and navy ; call extra sessions of Congress, recommend proper 
legislation, and veto improper bills. The sum total of his 
powers is much greater than that of many constitutional 
monarch s. 

An aggressive President who becomes party leader or a 
national hero can greatly increase his powers by a loose con- 
struction of the Constitution. During the Civil War Congress 
permitted Lincoln to become practically a dictator. He issued 
a proclamation suspending the writ of habeas corpus, which 
Congress subsequently legalized. He also issued the emanci- 
pation proclamations of 1862 and 1863, declaring all slaves 
in the insurgent States to be thenceforth free; and he forced 
through the thirteenth amendment in 1865 legalizing the same. 
Though the President cannot declare war he can at any time 
bring on war by ordering the army into foreign territory, or 
by managing foreign affairs in such a manner that a foreign 
nation will become the aggressor. 

64. Power of Appointment. — The Constitution provides that 
the President " shall nominate, and by and with the advice 
and consent of the Senate, shall appoint ambassadors, other 
public ministers and consuls, judges of the Supreme Court, and 
all other officers of the United States whose appointments 
are not herein otherwise provided for,^ and which shall be 
established by law ; but the Congress may by law vest the ap- 
pointment of such inferior officers as they think proper in the 

1 The officers whose appointments are "otherwise provided for" are the 
President, Vice-President, Electors, Senators, Representatives, and Officers of 
the Senate and House of Representatives. 



112 THE EXECUTIVE DEPARTMENT [§ 64 

President alone, in the courts of law,^ or in the heads of the 
departments." 

The United States has on its pay-roll more than half a mil- 
lion persons. Excluding those in the military and naval service, 
there remain nearly 500,000 in the executive civil service of the 
United States. Of these the President unaided appoints very 
few ; the President and the Senate appoint about 10,000 of the 
most important ; about 300,000 are selected by civil service 
competitive examinations ; and the remainder, many of whom 
are laborers, are appointed directly or indirectly by cabinet 
officers. But because the cabinet officers are themselves de- 
pendent upon the President, he can influence many of these 
appointments if he desires. 

The President alone appoints his private secretary, who in turn 
appoints his subordinates; and the Senate always approves 
cabinet officers appointed by a President, except those appointed 
by President Johnson, when he and Congress were bitterly op- 
posed to each other. Por special reasons Congress has from time 
to time provided that certain officers, such as the Librarian 
of Congress, shall be appointed by the President alone. 

The President and Senate appoint the most important officers.^ 
For the relatively less important positions to be filled within a 
congressional district, the President usually confers with the 
representative from that district if he is of the same party ; 
for the more important, the senators will be consulted. When 
the Senate receives the names of persons selected for positions. 



1 Courts of law appoint clerks, reporters, and other minor ministerial 
officers. 

^ This class includes such officers as ambassadors, ministers, and consuls; 
federal judges; most military and naval officers; cabinet officers and their 
immediate subordinates ; the Treasurer of the United States; the Comptroller 
of the Currency ; superintendents of mints ; commissioners of internal rev- 
enue ; collectors of customs and internal revenue ; interstate commerce com- 
missioners ; commissioners of patents ; commissioners of pensions ; pension 
agents ; Indian agents ; district attorneys and marshals ; territorial gov- 
ernors; and postmasters of the first, second, and third classes (any post- 
master whose salary is $1000 or more). See footnote to Sec. 90. 



§ 64] POWER OF APPOINTMENT 113 

it refers them to the appropriate standing committee ; and the 
committee confers with the senators of the State from which 
the nominee comes, provided the senators are of the President's 
party. Under the practice known as " senatorial courtesy '' 
the Senate will ratify only those appointments which are ap- 
proved by the senators (of the President's party) from the 
State in which the offices in question are to be filled. 

The Civil Service Commission examines for the President or 
other appointing officials more than 300,000 persons from whom 
appointments are made according to civil service rules. ^ 

Heads of Dejjartments directly or indirectly appoint about 
150,000 employees without civil service examinations. The 
greater number of these are skilled or unskilled laborers. 

Term of Officers. — Most of the important officials are 
appointed for four years. ^ The cabinet officers are appointed 
to serve during the pleasure of the President, and in practice 
always resign when a new President enters office. The terms 
of minor officers and laborers vary, and persons who enter the 
civil service through competitive examinations hold office for 
an indefinite term. 

Power of Removal. — The President may remove without 
the consent of the Senate any officer whom he appoints 
alone or in conjunction with the Senate, except judges, 
who may be removed by impeachment only, and military 
and naval officers in time of peace, when they may be removed 
by court-martial only. His power to remove officers may 
not be restricted by Congress^ and may be employed for 



1 This class includes most of the clerks in Washington, fourth-class post- 
masters, first and second class post-office clerks, railway mail clerks, letter 
carriers, rural free-delivery men, and employees in the Indian service, custom 
houses, revenue service, and the government printing office. 

2 Four years is the term for territorial judges and governors, marshals, 
district attorneys, customs collectors, pension agents, Indian agents, chiefs of 
many bureaus, and postmasters of the first, second, and third classes. 

3 The Tenure of Office Act of 1867 required the consent of the Senate for 
the removal of an officer whose appointment had to be approved by the 
Senate. This act was aimed at President Johnson and was finally repealed in 



114 THE EXECUTIVE DEPARTMENT [§ 65 

political purposes as well as for ridding the service of incom- 
petent and unfit persons. Those who have entered office through 
competitive examinations may be removed or reduced for any 
cause which will promote the efiiciency of the service ; but like 
penalties are imposed for like offences, and no political or 
religious discrimination is shown. 

65. Receiving Diplomatic Representatives. — The President 
receives ambassadors and ministers sent to the United States. 
Upon an appointed day the Secretary of State escorts a new 
minister or ambassador to the White House, where the latter 
delivers a short ceremonial address to which the President 
responds. The minister or ambassador is then recognized as 
the official organ of communication between the United 
States government and the government represented. When 
the independence of a country is in doubt, or the representative 
is personally objectionable to the United States government, the 
President may refuse to receive him ; and the President may 
request a foreign country to recall a representative, or dismiss 
one for conduct offensive to the government. 

66. Treaty Power. — If the United States desires to enter 
into commercial compacts, define its boundaries, make peace, 
or enter into any other compacts appropriate for international 
agreements, the President, with the assistance of the State 
Department, may negotiate a treaty with the other state or 
states concerned. Because a treaty becomes law, the Constitu- 
tion provides that a vote of two thirds of the Senate present is 
necessary before the treaty may be signed by the representa- 
tives of the United States government. i 

1886. Though the Supreme Court has never passed upon this law it is con- 
sidered to have been unconstitutional. 

1 As a treaty is merely a law, Congress may repeal it by passing a law con- 
trary to its provisions ; or an existing law may be repealed by the terms of a 
treaty. In other words, when a treaty and a law of Congress conflict a court 
will consider the one last enacted to be the law. A treaty which is contrary 
to the Constitution is void, but the courts have, as yet, never declared one to 
be contrary to the Constitution. 

Money cannot be appropriated by a treaty, but in practice whenever the 



§«7] 



MILITARY POWERS OF THE PRESIDENT 



115 



67. Military Powers of the President. — As the Constitution 
makes the President commander-in-chief of the army and navy, 
he has complete control over their movements. For instance, 
when Mr. Roosevelt was President, he sent the navy around the 
world in order that the men might gain experience and that 
other nations might be impressed with its strength. Some 
congressmen objected to the cost and threatened to withhold 
the necessary appropriation. Mr. Roosevelt is said to have 
replied : " Very well, the existing appropriation will carry 
the navy halfway around the world and if Congress chooses 
to leave it on the other side, all right." President Polk 




Copyright, Underwood & Underwood, N. Y. 

President Wilson Reviewing the West Point Cadets. 

brought on the Mexican War by ordering the troops across 
the Nueces Eiver, and President Wilson narrowly averted 
another war with Mexico in 1914 when he sent the navy to 
Vera Cruz. 

The President directs campaigns and could take personal 
command of the army or navy if he wished. So long as he acts 
within the rules of international law he may do anything to 
weaken the power of the enemy. For instance, he may order 
the confiscation of property used by the enemy for warlike 
purposes. In the exercise of this power President Lincoln 



Senate has agreed to a treaty providing for the payment of money the House 
has concurred on a hill appropriating it. 



116 THE EXECUTIVE DEPARTMENT [§68 

issued the emancipation proclamation during the Civil War, 
freeing the slaves m certain Southern States. 

Whenever the enforcement of federal laws is prevented by 
combinations too strong to be suppressed by the courts with 
their marshals, the President may send United States regular 
troops to protect the mails and interstate commerce, as Cleve- 
land did in 1894 during the Pullman strike at Chicago ; or he 
may call out State militia, as Lincoln did m 1861. When the 
army occupies the enemy's territory, the President, as com- 
mander-in-chief, may assume control of the government, as 
Lincoln did in certain Southern States during the Civil War, 
or as McKinley did in Porto Kico and the Philippines during 
the Spanish-American War. 

In case of domestic violence the legislature of a State, or the 
governor if the legislature is not in session, may request the 
President to send regular troops into the State to restore 
order. 

68. President's Part in Legislation. — The President is pri- 
marily an executive officer, but the Constitution bestows upon 
him many powers which enable him to influence legislation. 

Presidential Messages. — When Congress meets m December 
the President sends his annual message to Congress, and from 
time to time during the term he sends special messages. In 
these messages he recommends the enactment of certain laws. 
They may be laws which the party platform pledged to enact, 
laws recommended by heads of the departments of administra- 
tion, or possibly a personal hobby. The messages are usually 
read in each house by a clerk ; but Washington, John Adams, and 
Wilson read their messages to the two houses assembled in one 
of the chambers. Different parts of the messages are referred 
to appropriate committees. Full reports from the heads of 
departments usually accompany the annual message. The con- 
sideration of the recommendations depends upon the influence 
of the President. They are at least valuable to form public 
opinion, because the daily papers publish the messages and 
comment freely upon them. 



PRESIDENT'S PART IN LEGISLATION 



117 



Extraordinary Sessions. — A President may call an extra 
session of Congress whenever he deems it proper. In 1913 
Wilson called an extra session to consider the tariff and cur- 
rency questions. The session continued from April 7 until 
the regular session convened on the first Monday of 
December, during which time Congress passed the Underwood- 
Simmons tariff law and thoroughly debated the Glass-Owens 






President Wilson Addressing Congress in Joint Session. 

He is here urging the enactment of an eiglit hour law for railroad employees 
in order to avoid a general strike. 



currency bill, which was enacted into law before the end of 
the year. 

Issue of Ordinances. — When the President must execute a 
law which does not specify means for its enforcement it is 
necessary for him to issue an ordinance prescribing uniform 
means for the enforcement of the same. Inasmuch as the 
Constitution makes the President commander-in-chief of 
the army and navy he may issue ordinances for their regu- 
lation. Congress frequently authorizes the President to 
issue ordinances for specific purposes. For instance, Con- 
gress has authorized the President to govern the Panama 



118 THE EXECUTIVE DEPARTMENT [§ 68 

Canal Zone, and in so doing he has the power to issue legis- 
lative ordinances.'^ 

The Veto. — The President, for any reason, may veto any 
bill or joint resolution ^ passed by Congress. This veto power 
enables the President, who is the only representative of all the 
people, to act as a check ujjon the legislative branch. Un- 
fortunately the President must sign or veto a bill in its entirety. 
If he could veto certain items in appropriation bills, as the 
governors of many States may do, a bold President could save 
much revenue by preventing appropriations for such purposes 
as dredging rivers where there is little navigation or building 
post offices where government buildings are not needed. 

Inasmuch as the President can introduce a bill into Congress 
only through some congressman, he seldom prepares one ; but 
as party leader he cooperates with any committee of Congress 
that is preparing an important bill. For instance, when the 
Currency Bill was being prepared during the summer of 1913, 
Congressman Glass, Chairman of the Banking and Currency 

iTlie following proclamation issued by President Taft, as governor of the 
Canal Zone, is an example of ordinances issued by the President: 

" I, "William Howard Taft, President of the United States of America, by 
virtue of the power and authority vested in me by the Act of Congress, 
approved August 24, 1912, to provide for the opening, maintenance, protection, 
and operation of the Panama Canal and the sanitation and government of 
the Canal Zone, do hereby prescribe and proclaim the following rates of toll 
to be paid by vessels using the Panama Canal : 

1. On merchant vessels carrying passengers or cargo, one dollar and twenty 
cents (Sl.20) per net vessel ton — each one hundred (100) cubic feet of actual 
earning capacity. 

2. On vessels in ballast without passengers or cargo forty (40) per cent 
less than the rate of tolls for vessels with passengers or cargo. 

3. Upon naval vessels other than transports, colliers, hospital ships, and 
supply ships, one dollar and twenty cents (.1^1.20) per net ton, the vessels to be 
measured by the same rules as are employed in determining the net tonnage 
of merchant vessels. 

The Secretary of AVar will prepare and prescribe such rules for the measure- 
ment of vessels and such regulations as may be necessary and proper to carry 
this proclamation into full force and effect." 

2 Joint resolutions proposing amendments to the Constitution are not sent 
to the President. This is the only exception. 



§ 70] INDEPENDENCE OF THE PRESIDENT 119 

Committee, was continually conferring with President Wilson, 
and relying upon his influence as party leader to secure the 
passage of the measure. 

Extra-Legal Methods. — There are many indirect methods by 
which a President can persuade congressmen to support his 
measures, although he has no part directly in legislation. 
Eoosevelt threatened to " take the stump " against congress- 
men who would not support his measures, and Lincoln allowed 
a congressman to name the appointee to a $20,000 position in 
the Custom House of New York in consideration of a vote 
which was necessary to admit Nevada into the Union, for 
without Nevada's vote Amendment XIII to the Constitution 
of the United States could not have been ratified. 

69. Pardoning Power. — The pardoning power of the Presi- 
dent is absolute for all offences against the United States, except 
in cases of impeachment, where a pardon may never be granted. 
Of course he cannot pardon offences against State law ; but for 
crimes committed in territories or the District of Columbia, or 
offences against federal laws such as the postal, revenue, 
or banking laws, the accused may be pardoned either before or 
after conviction. 

If an individual is involved, a pardon is seldom granted be- 
fore conviction. But in 1889 President Harrison issued a 
proclamation known as amnesty, which pardoned the Mormons 
who had violated the anti-polygamy laws applying to the terri- 
tories of the United States. The President may pardon condi- 
tionally provided the condition is reasonable, or he may commute 
a sentence by decreasing the penalty. He may reduce a fine or 
remit it entirely. By a law of 1910 a board of parole was 
created at each of the three federal prisons. ^ This board hears 
applications for release on parole and makes recommendations 
to the Attorney-General, who grants or refuses the parole. 

70. Independence of the President. — The President, as head 
of one of the three branches of government, must have a degree 

1 At Leavenworth, Kan., Atlanta, Ga., and McNeil Island, Wash. 



120 THE EXECUTIVE DEPARTMENT [§ 71 

of independence of the other two branches, else he would not 
remain a check upon them. So long as the President is in 
ofB-ce — and he may be removed only by impeachment — he may 
not be arrested. But as soon as he is out of office he may be 
punished for any crime committed by him while in office. The 
courts can neither restrain him nor compel him to perform any 
act. When Aaron Burr was being tried for treason Chief Jus- 
tice Marshall issued a subpoena requiring President Jefferson 
to produce a certain paper relating to Burr's acts. Jefferson 
refused to obey. He reasoned that the duties of a President 
could not be performed if he could be compelled to obey court 
writs. 

II. The Vice-President 

71. The Vice-President is elected by the same electors and 
in the same manner as the President, except that when no 
Vice-Presidential candidate receives a majority of the electoral 
votes the Vice-President is chosen by the Senate from the two 
candidates receiving the highest number of electoral votes. 

The qualifications for the Vice-President are the same as for 
the President. His salary is $12,000 and his only duty, unless 
he succeeds to the presidency, is to preside over the Senate. 
As he is not a member of the Senate, does not appoint com- 
mittees, and has no vote except in case of a tie, he has little 
influence. A candidate for the Vice-Presidency is seldom 
nominated because of his fitness to become President, but to 
help carry a doubtful State, to appease a defeated faction in 
the national nominating convention, or to replenish the party 
treasury. 

III. The Cabinet 

72. In order that the President may have assistants in 
executing the laws Congress has authorized him to appoint ten 
chiefs.^ Washington was authorized to appoint only three : 
a Secretary of State, a Secretary of the Treasury, and a Secre- 

1 The statutes creating these offices provide for the assent of the Senate, 
but in practice the Senate never interferes with the President's choice. 



§ 72] THE CABINET 121 

tary of War.i ^g governmental duties increased, however, the 
work of administration was further divided and new secretaries 
were added. There are now ten chief assistants. 





Name of Office 


Office Created in 


1. 


The Secretary of State 


1789 


2. 


The Secretary of the Treasury 


1789 


3. 


The Secretary of War 


1789 


4. 


The Attorney-General 


1789 


5. 


The Postmaster-General 


1794 


6. 


The Secretary of the Navy 


1798 


7. 


The Secretary of the Interior 


1849 


8. 


The Secretary of Agriculture 


1889 


9. 


The Secretary of Commerce 


1903 


0. 


The Secretary of Labor 


1913 



These ten secretaries are appointed by the President for 
indefinite terms, and as he alone is responsible for the official 
action of any secretary he may dismiss him at any time. A 
new President always selects some new Cabinet officers, and a 
President of a different party from his predecessor selects an 
entirely new Cabinet. The Cabinet meets twice a week, or as 
often as the President desires, in the executive offices, which 
adjoin the White House. The meetings are secret and only 
the weightier matters are discussed, as the President meets 
the chiefs of each executive department alone to discuss the 
less important affairs. 

There is no provision for the Cabinet either in the Constitu- 
tion or in the Statutes of Congress. The Constitution says, 
" The President may require the opinion in writing of the prin- 
cipal officers in each of the executive departments upon any 
subject relating to the duties of their respective offices." 
(Art. II, Sec. 2.) At first Washington requested written opin- 
ions, but by his second term he held secret meetings, which 
were called " cabinet meetings." 

1 The Attorney-General was also considered a member of Washington's 
Cabinet, but he was not the head of a department until 1870, when the 
Department of Justice was created. 



122 



THE EXECUTIVE DEPARTMENT 



[§72 



It is the President's privilege to invite persons other than 
departmental heads to attend the cabinet meetings, but he does 
not do so ; and he is not compelled to take the advice of the 
Cabinet contrary to his own judgment. This is illustrated by 
an incident told of President Lincoln. He brought before his 
Cabinet a proposition which he favored, but every member of 





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President AVilson and His Cabinet. 

his cabinet voted against it. He announced the vote, " Seven 
nays, one aye ; the ayes have it." 

Outline for Review 



The Executive Department 
I. President. 

(A) Qualifications: (1) Natural born citizen of the 

United States. 

(2) Thirty-five years of age. 

(3) Fourteen years a resident of 

the United States. 



THE EXECUTIVE DEPARTMENT 



123 



IT. 



(B) Elected : " (1) By Electoral College, or 

(2) By the House of Representa- 
tives. 

(C) Oath taken when inaugurated. 



(D) Term: 

(E) Vacancy 



(F) Salary: 

(G) Powers and Duties 



(H) Removal 



Vice-President. 
(A) Qualifications 



(B) Elected 

(C) Term: 



Four years. 

(1) Filled by Vice-President, or 

(2) By Cabinet Officer, according to 

law of Presidential succession. 
^75,000 plus travelling ex- 
penses, house rent, etc. 

(1) Executes the laws of the nation. 

(2) Appoints ministers, consuls, 

judges, postmasters, and 
other officers. 
(8) May remove officers and fill 
vacancies. 

(4) Receives foreign ministers. 

(5) May make treaties with consent 

of two thirds of Senate. 

(6) Commander-in-Chief of the 

army and navy. 

(7) Delivers a message to Congress 

each December and at other 
times. 

(8) May call special session of Con- 

gress or of either House. 

(9) Signs or vetoes bills passed by 

Congress. 
(10) May grant reprieves and par- 
dons. 

(1) May be impeached by two 

thirds of House. 

(2) May be tried and convicted by 

two thirds of Senate. 

The same as required for the 
President. 

(1) By the Electoral College, or 

(2) By the Senate. 
Four years. 



124 THE EXECUTIVE DEPARTMENT 

(D) Vacancy : Not filled until next presiden- 

tial election. 

(E) Salary: 112,000. 

(F) Duty : Presides over Senate and votes 

only in case of tie. Becomes 
President if President dies or 
is in any way disqualified. 
III. Ten Cabinet Members (non-official). 

(A) Qualifications : None prescribed. 

(B) Appointed: By President. 

(C) Term : Indefinite. 

(D) Salary: $12,000. 

(E) Duty: To advise President and admin- 

ister their respective depart- 
ments according to the will 
of the President. 



Bibliography 

Dougherty, J. Hampton. The Electoral System of the United 

States. 1906. 
Fairlie, J. A. The National Administration of the United States 

of America. 1905. 
Haskin, F. J. The American Government. 1912. 
Hill, John Philip. The Federal Executive. 1916. 
Learned, Henry Barrett. The President's Cabinet. 1912. 
Reinsch, Paul S. Readings on American Federal Government. 

1909. 
Stanwood, Edward. A History of the Presidency from 1788 to 

1897. 1898. 
Taft, William H. The Presidency. 1916. 
Wilson, Woodrow. The President of the United States. 1916. 
The Congressional Directory. 

Questions on the Text 

1. What are the qualifications for the presidency ? 

2. Explain in detail how a President is elected. 

3. For what term is a President chosen? May he succeed 
himself? 



QUESTIONS 125 

4. Who succeeds to the presidency in case the President does not 
complete his term ? 

5. What is the annual salary of the President? 

6. What are the powers of the President? 

7. What officers are appointed by the President alone ? President 
and Senate? President and Civil Service Commission? 

8. How are other officers chosen ? 

9. For what term are the various officers chosen? 

10. What officers may be removed by the President? 

11. Who appoints diplomatic officers? Who receives those from 
foreign countries ? 

12. Who makes treaties? If a treaty and law of Congress conflict 
which will the courts enforce? 

13. What powers has the President as commander-in-chief of the 
army and navy ? 

14. Explain the President's power over legislation by means of (1) 
messages, (2) extraordinary sessions, (3) the issuance of ordinances, 
(4) the veto, and (5) extra-legal methods. 

15. What persons may be pardoned by the President? May he 
pardon such persons conditionally? May he return a fine? May 
he commute a sentence ? What is meant by amnesty 1 

16. Can a court compel the President to perform a duty? Can he 
be punished after he is out of office for a crime committed while in 
office? 

17. How is the Vice-President chosen? Term? Qualifications? 
Salary? Duties? 

18. How many members are there in the President's cabinet? 
Name the ten secretaries? For what term are they appointed? 
Salary? Need the President accept their advice? 

Questions for Discussion 

1. What Article of the Constitution treats of the President? 

2. Explain how Mr. Harrison was elected President in 1888 
although Mr. Cleveland received more popular votes. 

3. The indirect method of electing the President of the United 
States is no longer of value. Discuss a better method. 

4. The Southern Confederacy provided that its president should 
hold office for six years and not be re-eligible. Give reasons why you 
favor or oppose a like term for the President of the United States. 
How could this change be made ? 



126 THE EXECUTIVE DEPARTMENT 

5. President Taft travelled 125,000 miles during his four-year 
term. How much per mile was he allowed by the government? 

6. What federal officers or employees reside or have duties in 
your city or county? How are they appointed ? 

7. Why is it proper for the President to be left practically unre- 
stricted in selecting and dismissing the members of his Cabinet? 

8. The veto power has, in times past, been considered an instru- 
ment of kingship, but no king or queen of England has dared to use 
it for two centuries. Yet, Andrew Jackson, the " Father of De- 
mocracy," was the President who used this power most extensively. 
Explain why this apparent inconsistency is really not inconsistent. 

9. The President of France may veto a bill and state his reasons, 
but a bare majority of the House of Deputies and the Senate may 
override it. Do you prefer the French or the American veto ? 

10. The President has absolute pardoning power for all offences 
committed against the United States, except in cases of impeachment. 
Under what circumstances do you think this power should be used? 

11. W^hy is the vice-presidential office one of the worst features of 
our government? 

12. Who are the members of the present cabinet? 

13. Congress provided for the building of a government railroad 
in Alaska. The President was authorized to select the route, deter- 
mine other details, and have the road built. What other similar 
undertaking was so successfully carried out by the President ? 



CHAPTER IX 
THE DEPARTMENT OF STATE 

73. The Secretary of State ^ ranks first among the Cabinet 
officers. At cabinet meetings he sits at the right of the Presi- 
dent, and on all ceremonial occasions he is given precedence 
over his colleagues. In case of death or removal of both the 
President and Vice-President the Secretary of State is the 
first in line for the presidency. The duties of the Secretary of 
State are partly connected with domestic affairs, but to a much 
greater extent with foreign affairs. 

Domestic Duties of the Secretary. — The Secretary attends to 
all correspondence between the President and the governors 
of the several States. Thus, if the President calls for a State's 
national guard for war, or if a governor requests the extradi- 
tion 2 of a criminal who has taken refuge in a foreign country, 
the correspondence takes place through the Secretary of State. 

1 There are three assistant secretaries of State who, with the advice and 
consent of the Senate, are appointed by the President. The Second Assistant 
Secretary is by custom a permanent occupant of the office. The present in- 
cumbent has held the office for thirty years, and has been connected with the 
diplomatic service and the department since 1870. He has charge of the diplo- 
matic business, and his knowledge of precedents makes him almost indispen- 
sable. His predecessor held the office for twenty years. 

2 Extradition means the handing over by one State to another of fugitives 
from justice. The United States has extradition treaties with the leading 
nations of the world. When a person accused of crime flees from an American 
State to a foreign state the governor of the State applies to the Secretary of 
State for the return of the fugitive, furnishing evidence of probable guilt. 
The governor also names a person who will go for the fugitive. The proper 
papers are sent to our diplomatic representative, and he is instructed to re- 
quest the extradition of the fugitive. The ' ' President's Warrant " is given the 
agent whom the governor has designated to bring back the accused. Fre- 
quently an application is made by telegraph for the provisional arrest and 
detention of the fugitive in advance of the presentation of formal proof. 

127 



128 



THE DEPARTMENT OF STATE 



[§73 



When a State ratifies an amendment to the Constitution of 
the United States the Secretary of State is notified, and when 
three fourths of the States notify him he must certify that 
the amendment has been adopted. Also, when Congress 
admits a new State into the Union the Secretary of State 




Copyright, Underwood & Underwood, N. Y. 
State, War, and Navy Building. 



issues a proclamation declaring the fact. He is custodian of 
the original copies of the Constitution, treaties, and all laws 
enacted by Congress. 

The Secretary, of State also has charge of the Great Seal ^ of 



1 As distinguished from the Great Seal there is another seal of each of the 
ten administrative departments and one for each court. 



§ 74] DIPLOMATIC SERVICE 129 

the United States, whicli he affixes to all executive proclama- 
tions, to various commissions, such as civil appointments made 
by the President, and to warrants for the extradition of fugi- 
tives from justice. 

Foreign Duties of the Secretary. — In most other governments 
the officer corresponding to our Secretary of State is called 
" Secretary of Foreign Affairs." Our Secretary of State is the 
head of the diplomatic service and of the consular service, 
grants passports for the protection of American citizens who 
travel or reside in foreign countries, and is the "head of a 
great clearing house of international claims." These several 
duties require a detailed treatment. 

74. Diplomatic Service. — Diplomatic correspondence with 
foreign governments is carried on by the State Department 
through diplomatic representatives. We send these repre- 
sentatives to the governments of practically all independent 
states, and most of these governments have diplomatic rep- 
resentatives at AYashington. We send ambassadors to the im- 
portant countries, ministers-plenipotentiary ^ to most countries, 
ministers-resident to several, and commissioners for special 
purposes. In the absence of the permanent diplomatic repre- 
sentative the first secretary or some other person takes charge 
temporarily and is known as the charge d'affaires ad interim. 

Ambassadors, appointed by the President with the consent 
of the Senate, are sent to the most important countries, that 
is, to Great Britain, Germany, France, Spain, Austria-Hungary, 
Eussia, Italy, Turkey ,2 Japan, Argentina, Brazil, Chile, and 
Mexico. The term of office is not prescribed by law, hence 
there are numerous changes whenever a new party comes into 

iThe official title of the minister-plenipotentiary is " envoy extraordinary 
and minister-plenipotentiary." 

2 One wotild hardly expect to find an ambassador in Turkey, but at 
Constantinople a minister may wait hours or even until the next day for an 
important affair, while ambassadors from much less important countries are 
given an audience at once. Only ambassadors are allowed access to the 
Sultan to discuss official matters. Thus Congress, in 1906, felt obliged to 
send an ambassador to Turkey. 



130 



THE DEPARTMENT OF STATE 



[§74 



power. There are no prescribed qualilications, but the ruler to 
whom the ambassador is accredited may refuse to receive in 
a diplomatic way any person who is for any reason objection- 
able {persona iion grata). Any country may demand the recall 
of an ambassador who has made himself obnoxious to its 
government, and in extreme cases may dismiss him. 

The duties of an ambassador are to transmit official com- 
munications ; make re- 
ports to the Secretary 
of State relating to the 
government, finances, 
commerce, arts, science, 
agriculture, mining, 
tariff, taxation, popula- 
tion, laws, and judicial 
statistics of the country 
where he resides ; pro- 
mote American inter- 
ests in every way ; pro- 
tect American citizens ; 
and negotiate treaties 
and less formal agree- 
ments under the direc- 
tion of the Secretary 
of State. 
To perform the above duties efficiently the ambassador must 
be on terms of friendly intimacy with leading men in the 
country to which he is sent. Newspaper editors may be most 
useful acquaintances because the ambassador can both learn 
from them and impress upon them the good intentions of our 
government, and so reach the public through the press. The 
salary is $17,500, and as the social affairs of the official 
set at a European capital call for heavy expenditures few 
ambassadors can live upon their salaries. It is said that a 
recent ambassador, in maintaining the American embassy at 
London, spent $250,000 a year. 




United States Embassy at Berlin. 



§ 75] CONSULAR SERVICE 131 

Ambassadors, and their families and servants to a great 
extent, are exempt from arrest and from taxation of personal 
belongings. Within their embassies (official residences) they 
may do anything not prohibited by the laws of the nation 
which has sent them. Of course noises, or anything which 
proves a nuisance outside of the embassy, are not permitted. 
These privileges are associated with a legal fiction known as 
exterritoriality, which term means that the ambassador has, as 
it were, carried a portion of the territory of his home country 
with its laws to the foreign country. 

Ministers are sent to the governments of all independent 
countries of any importance except the thirteen to which am- 
bassadors are sent. Everything that has been said concerning 
ambassadors applies to ministers except the honor or rank, 
salary, and the name of their residences. The salaries of 
ministers range from $10,000 to $12,000 and their official 
residences are called " legations." 

75. Consular Service. — In addition to diplomatic agents, the 
President, with the consent of the Senate, appoints about 700 
consular officers. The full consuls are appointed from those 
who have passed the civil service examination. They are 
commercial agents, or "America's lookouts on the watch- 
towers of international trade," and one is stationed at every 
important commercial city. One is sent even to the inacces- 
sible town of Chung King, far back in the interior of China, 
six weeks' travel by river from Shanghai. 

A consul, being primarily a commercial representative, 
must certify the invoices of goods exported to the United 
States, and is thus required to be familiar with the character 
and value of commodities and with every detail of our tariff 
system. He must also " spy out new promised lands of com- 
mercial opportunity." A few years ago this service secured 
an order amounting to $23,000,000 for battleships and arma- 
ment from Argentina, and recently a New England manu- 
facturer of knives asked the Consular Service for a list of 
English retail dealers in cutlery. He got the list and is 



132 THE DEPARTMENT OF STATE [§ 75 

now " carrying coals to Newcastle " by shipping knives to 
Sheffield.! 

Consular Jurisdiction. — The consul has some jurisdiction 
over whatever relates to the internal economy of American 
vessels. For instance, he settles disputes among masters, 
officers, and men ; and in China, Siam, Borneo, Persia, Morocco, 
Tripoli, and Turkey, the American consuls have jurisdiction 
over American citizens in both civil and criminal cases by 
virtue of treaty arrangements. They try Americans who 
commit criminal offences within their districts and try all 
civil disputes between citizens of the United States residing 
therein. 

Eor American citizens the consul also administers oaths, 
takes depositions, and acts as a witness to marriages. In 
brief, he is a friend and counselor to every American citizen. 
Any consul whose pay is less than $ 1000 a year may transact 
a private business. A few years ago the Stars and Stripes 
marking the office of a consular agent floated over a laundry in 
a South American city. 

Consuls^ Compensation. — The salaries of regular consuls 
range from $2000 to $8000, but those of consuls-general, who 
are ordinarily sent to foreign capitals and have supervisory 
authority over the other consuls sent to the country, range 
from $3000 to $12,000. They are not entitled to the im- 
munities of diplomatic representatives, but most countries 
by treaty exempt ^hem from arrest in civil cases and guarantee 

i The daily Commerce Report, published by the Bureau of Foreign and 
Domestic Commerce, is sent to about 10,000 American manufacturers who 
subsci'ibe for it. Items like the following are published in it : 

No. 2547. Souvenir button machines. — A letter has been received by the 
Bureau of Manufacturers in which the names of makers of hand machines for 
making souvenir buttons are asked for. 

No. 2548. American breeding cattle and horses. — An American consular 
officer reports that a business man has written to him that it is his intention 
to import American breeding cattle and horses into one of the Latin American 
countries, and he desires that breeders communicate with him. 

The names of prospective buyers are not published for fear foreign manu- 
facturers might get the information gathered by our consuls. 



§ 75] CONSULAR SERVICE 133 

the protection of their archives. A consulate of the United 
States in a weak state is a fairly safe place in times of dis- 
turbances, and an embassy or legation is almost invariably a 
place of safety. 

Passports. — A passport is a certificate used to identify a 
citizen of one state when travelling or residing in a foreign 
country in order that the citizen may enjoy all the privileges 
that international law, treaties, or the prestige of his native 
state can insure. The Bureau of Citizenship controls matters 
relating to the issuance of passports, and determines questions 
relating to the citizenship of Americans in foreign countries. 

An American citizen^ who desires to travel abroad may 
make a written application to the Secretary of State for a 
passport. The application blank contains a detailed descrip- 
tion of the person and information as to his age, residence, and 
occupation. It must be signed by the person applying, and an 
affidavit must be attested by an officer qualified to administer 
oaths ; also it must be accompanied by a certificate from a 
credible witness that the applicant is the person he represents 
himself to be, and by a fee of one dollar. The passport is 
authenticated by the Great Seal of the United States and is 
good for two years. A diplomatic officer may renew a pass- 
port for two additional years. A diplomatic officer and cer- 
tain consular officers may issue emergency passports for six 
months. 

The Emergency Fund for this department, which is about 
$100,000 a year, is the only fund in the administration of 
which no original accounts or vouchers to the Treasury Depart- 
ment are required. The Secretary of State gives a " certifi- 
cate " of such expenditure. This fund enables him to keep a 
watch on affairs in other countries. The costs of entertaining 



1 A passport may be issued to any person who has declared his intention to 
become an American citizen if he has resided in the United States three 
years. This does not entitle the holder to protection against the government 
of the country of which he was last a citizen, is good for only six months, and 
may not be renewed. 



13J: THE DEPARTMENT OF STATE [§ 75 

guests of the Nation, such as Admiral Togo, are paid from 
this fund. 

Bibliography 

Fairlie, J. A. The National Administration of the United States of 

America. 1905. 
Haskin, F. J. The American Government. 1912. 
Van Dyne, Frederick. Om- Foreign Service : the "A B C " of 

American Diplomacy. 1909. 
The Congressional Directory. 
Annual Report of the Secretary of State. 

Questions on the Text 

1. Who is considered the most important cabinet officer? 

2. What are the domestic duties of the Secretary of State ? The 
foreign duties? 

3. What are the duties of ambassadors and ministers? AVhat 
special privileges do they enjoy? 

4. What is meant by exterritoriality ? 

5. How do ambassadors differ from ministers? 

6. What is a charge d'affaires (pronounced shar-zha'daf-far') ? 

7. What are consuls, and how does the consular service differ 
from the diplomatic service ? 

8. How do consuls serve manufacturers? 

9. What is meant by consular jurisdiction ? 

10. What salaries are paid to ambassadors ? Ministers? Consuls? 

11. How is a passport obtained and what is its value? Is it of 
equal value in all countries and at all times? 

12. What is the emergency fund ? How does it differ from all other 
funds? 

Questions foii Discussion 

1. Explain the following simile : " The State Department may 
be likened to an artificial person, whose head is in Washington and 
whose body lies abroad." 

2. In Japan the United States had consular jurisdiction until 
1899, when it was abolished by treaty. AVhy do you suppose it was 
abolished ? 

3. A mediaeval ambassador has been defined as " a person sent to 
lie abroad for the good of his country." Washington thus instructed 



QUESTIONS 135 

John Jay, special minister to Great Britain, in 1794: "It is the 
President's wish that the characteristics of an American minister 
should be marked on the one hand by a firmness against improper 
compliances, and on the other hand by sincerity, candor, truth, and 
prudence, and by a horror of finesse and chicane." This standard 
set by Washington has almost invariably been followed by the United 
States, Aside from moral right and wrong, which policy is the 
wiser, the mediaeval policy of deception or the modern policy of 
sincerity ? 

4. In 1892 an attache of the Swiss Legation at Washington was 
suspected of theft and arrested at Bay Shore Park, jNIaryland. AVhen 
examined at Annapolis he was discharged. The Swiss government 
asked for the punishment of the officer making the arrest. The State 
Department requested the Governor of Maryland to investigate. 
The police officer was dismissed and an apology tendered by the 
Governor. A diplomatic officer cannot be arrested for exceeding the 
speed limit in an automobile, but he can be warned, and if he habitu- 
ally violates the law in this respect complaint may be made to his 
government. Why is this courtesy to foreign countries necessary ? 

5. The position of American Ambassador to Great Britain with a 
salary of ^17,500 a year " went begging " for some months in 1913. 
What was the cause of this condition ? 

6. Should w^e have a United States academy for training diplomats 
as well as academies for training army and navy officers? Our 
diplomatic agents are not so well trained in foreign languages and 
international law as those of other countries. The diplomatic service 
would then be taken out of politics, as are the army and navy. Is 
it not as important to train men to prevent war as to train men to 
make war? 



CHAPTER X - 

THE TREASURY DEPARTMENT i 

76. The Secretary of the Treasury supervises the collection, 
safe-keeping, and disbursement of all moneys of the United 




CopyriglU, Underwood & Underwood, N.Y. ! 
South Front of the United States Treasury Building. 

States government, and maintains the stability of its monetary j 
system. In doing this he is aided by three assistant secre- 

1 One would hardly expect to find the three following services in this | 

department : (1) The United States Public Health Service has charge of j 

marine hospitals, controls the national quarantine service, and supervises the j 

medical examination of immigrants. (2) The Coast Guard Service maintains j 

136 



§ 77] THE COLLECTION OF THE REVENUES 137 

taries and some thirty bureau chiefs who have immediate 
charge of the several bureaus and divisions of the depart- 
ment. 

77. The Collection of the Revenues. — For the fiscal year 
ending June 30, 1916, the receipts of the United States were 
from the following sources :' 

Internal Revenue: 

Distilled Spirits ^153,457,996.76 

Tobacco (manufactured) 85,324,094.46 

Fermented Liquors 87,875,672.22 

Corporation Income Tax 56,993,657.98 

Individual Income Tax 67,943,594.63 

Special Taxes 16,580,480.38 

Oleomargarine ' 924,699.91 

Playing Cards 819,654.20 

Schedule A (Documentary stamps) . . 38,110,282.49 

Schedule B (Perfumery, Cosmetics, etc.) 4,086,160.99 

Miscellaneous 606,993.75 

Total Internal Revenue ^512,723,287.77 

Internal Revenue 5^512,723,287.77 

Customs 213,185,845.63 

Sales of Pubhc Lands 1,887,661.80 

Miscellaneous! 51,889,016.28 

Total Ordinary Receipts ^779,685,811.48 

Panama Canal Receipts 2,869,995.28 

Pubhc Debt Receipts 58,452,402.50 

Postal Revenues 312,057,688.83 

Total Receipts §1,153,065,898.09 

several hundred stations at dangerous points on the coasts of the oceans and 
great lakes, etc. (see page 140, note). (3) A supervising architect has charge 
of the selection of sites and the construction and maintenance of buildings 
belonging to the United States. 

1 Miscellaneous includes such items as the following (in round numbers) : 
profit on coinage, bullion deposits, etc., $;4:,000,000 ; receipts from the District 
of Columbia, ^8,000,000; judicial fees, fines, etc., $1,000,000; immigration 
fund, $5,000,000; forest reserve fund, $2,000,000; fees on letters patent, 
$2,000,000; tax on circulation of national bank notes, $3,000,000; customs 
fees, fines, penalties, etc., $1,000,000; land fees, $1,000,000; and consular 
fees, $1,000,000. 



138 



THE TREASURY DEPARTMENT 



Internal Revenue is taxes derived from the sources indicated 
in the table on the preceding page, e.g., $1.10 a gallon on dis- 
tilled spirits (50 % alcohol), ten cents a pound on oleomargarine 
artificially colored to look like butter, and two cents a deck on 
playing cards.^ The internal revenue commissioner and his 
three deputy commissioners collect inost of these taxes by means 
of stamps, which are pasted upon packages in such a way that 

the stamp will be broken 
when the package is 
opened.^ 

The country is divided 
into internal revenue dis- 
tricts ; and in each dis- 
trict there are a collector 
of internal revenue, dep- 
uty collectors, gangers 
w ho determine the 
amount of liquor pro- 
duced, storekeepers who 
are in charge of store- 
houses where distilled 
spirits are kept before 
being marketed, and de- 
tectives to prevent such 
frauds as " moonshin- 
ing." 

Customs are taxes (tariff) on imported goods. These taxes 
are collected by the Secretary of the Treasury through one of 
his assistant secretaries. The country is divided into forty- 
eight customs districts. In each one of these districts there 




Copyright, Underwood & Underwood, N.Y. 
United States Customs Officer Exam- 
ining Diamonds for Appraisement. 



1 There are also federal license taxes on the manufacturer, wholesaler, and 
retailer of certain articles listed above under the head of internal revenue, 
e.g., $25.00 for retail liquor dealers. The license certificate must be exposed 
in one's place of business. 

2 The corporation tax, income tax, and inheritance tax are internal revenue 
taxes not collected by means of stamps. (See Sees. 45 and 46.) 



§ 77] 



THE COLLECTION OF THE REVENUES 



139 



is a collector who is assisted by a surveyor, appraiser, exam- 
iners, inspectors, store-keepers, and clerks. 

All articles brought into the country must enter at specified 
points where there are custom-houses. At the principal point 
in each district the collector resides ; at subordinate places a 
deputy collector. Along the two oceans and the Canadian and 
Mexican borders are numerous " ports of entry ''; and numerous 




United States Custom House, New York. 

interior cities, such as Chicago and St. Louis, are "ports of 
entry.'' i 

Customs on about 2000 taxable articles are of three kinds — 
specific, ad valorem^ and mixed. Specific means so much per 
unit, as four cents a gallon on vinegar or $3.00 a gallon on 
champagne. Ad valorem means in " proportion to value," as 
10 per cent of the value of diamonds (in the rough) or 60 per 



1 Two thirds of all custom dues are collected at New York. 



140 



THE TREASURY DEPARTMENT 



[§77 



cent of the value of laces. Mixed means that both a specific 
duty and an ad valorem duty are imposed upon the same article. 
As the determination of values is very diflB.cult, persons ex- 
porting to the United States articles valued at over $100 are 
required to have invoices certified by an American consul ; 
when valued at $100 or less an oral statement is accepted. If 

the consul is not certain 
of the value he may 
demand three samples, 
one for himself, one 
for the board of general 
appraisers in ^ew 
York, and one for the 
appraiser at the port to 
which the merchandise 
is sent. 

To prevent fraud 
when merchandise is 
received at a port, ten 
per cent of the pack- 
ages, taken at random^, 
are opened and exam- 
ined ; and all personal 
l)aggage is examined. 
To prevent smuggling, 
detectives are at work 
here and abroad. The 
Treasury Department, 
independent of the 
navy, maintains a number of revenue cutters to prevent the 
smuggling of goods to this country.^ 

1 The Coast Guard Service performs many other functions. It enforces im- 
migration laws, neutrality laws, quarantine laws, and fisheries laws includ- 
ing seal fisheries ; it also enforces rules to ensure the safety of passengers and 
crews on excursion steamers and yachts. It operates the life-saving sta- 
tions, assists vessels in distress, and when directed by the President it cooper- 
ates with the navy. 




A Customs Examiner, New York. 

The Examiner is searching the trunk of a fair 

arrival for dutiable goods. 



§79] THE DISBURSEMENT OF THE REVENUE 141 

78. The Safe-Keeping of the Revenues. — The Treasurer 
of the United States may keep the revenues m the Treas- 
ury at Washington ; in the sub-treasuries located at Bal- 
timore, Boston, Chicago, Cincinnati, Kew Orleans, jS'ew 
York, Philadelphia, St. Louis, and San Francisco; in the 
Federal reserve banks ; in the Federal farm loan banks ; and 
in National banks under direction of the Secretary of the 
Treasury. 

79. The Disbursement of the Revenue is regulated by acts of 
Congress. For the fiscal year ending June 30, 1916, the dis- 
bursements from the Treasury of the United States were as 
follows : 

Civil Establishment (including foreign intercourse, 
public buildings, collection of revenue, District 

of Columbia, and miscellaneous) 1204,038,737.91 

Military Establishment (including rivers and har- 
bors, forts, arsenals, sea-coast defences, and mis- 
cellaneous 164,635,576.67 

Naval Establishment (including new vessels, ma- 
chinery, armament, equipment, navy yards, and 

miscellaneous) 155,029,425.78 

Pensions 159,302,351.20 

Interest on Public Debt 22,900,313.03 

Indian Service 17,570,283.81 

Panama Canal 17,503,728.07 

Public Debt 24,668,913.50 

Postal Service (payable from postal revenue) . . 306,228,452.76 

Total Disbursements $1,371,877,782.73 

No money is paid out of the Treasury unless authorized by 
an act of Congress. The money is paid by the Treasurer upon 
the presentation of a warrant drawn by the Secretary of the 
Treasury and approved by the Comptroller of the Currency. 
In 1895 Comptroller Bowles refused to authorize the payment 
of a bounty on beet sugar under an act of 1890, on the ground 
that the law creating the bounty was unconstitutional, where- 
upon suit was brought. The Supreme Court issued a man- 



142 



THE TREASURY DEPARTMENT 



damus ^ compelling the payment of the money. More recently 
the comptroller had to decide whether a " tip " is a legitimate 
expense for an official whose expenses are paid. His opinion 
was that a tip of twenty-five cents to a Pullman porter for a 
day's ride is a legitimate part of travelling expenses. 

80. United States Currency. — Currency, a term which in- 
cludes all money authorized by the government, is of two 
kinds — metallic and paper. 











' i^^^tj 






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M 


I^^IH 




1 




-■-■"■"'- ' ' 


— ^j 



United States Mint at Philadelphia. 

Metallic Currency. — Gold, silver, nickel, and bronze coins are 
stamped at the mints in Philadelphia, Denver, and San Fran- 
cisco.2 At present these mints issue the double eagle ($20), 
eagle ($10), half eagle ($5), and quarter eagle ($2.50) in gold. 
Gold is coined free for any person bringing the metal to the 
mints ; but as ten per cent of the coin must be alloy (copper, or 

1 A mandamus is an order issued by a court compelling an inferior court or 
an officer of the government to perform a legal duty. 

^ At the head of the Bureau of the Mint is a director of the mint. Subordi- 
nate to him is a superintendent for each mint. 



§ 80] UNITED STATES CURRENCY 143 

nine parts copper and one part silver) to make it durable, there 
is a small charge for the alloy. If one desires to store the gold 
in bank vaults or to export it, the mint will mould it into bars 
containing the government stamp to indicate its fineness and 
weight. 

The United States Treasury will not receive gold coins 
which have been reduced in weight more than one half of one 
per cent, and then only in case they have been in circulation 
twenty years. If in circulation a shorter period the abrasion 
must be only in proportion. As the government makes no 
profit in coining gold it will not bear the cost of wear. When 
banks receive any quantity of gold coins they weigh them, 
and the last party that accepts a light weight gold coin is the 
loser. 

The mints now issue the dollar, half dollar, quarter, and 
dime in silver. Silver is j)^i"chased at its market value by the 
superintendent of the mint under the supervision of the " Di- 
rector of the Mint." A silver dollar weighs 412.5 grains, of 
which one tenth is alloy (copper), and as the cost of an ounce 
(480 grains) of silver is now only 49| cents (Oct. 30, 1915), the 
cost of the silver in a dollar is 38 cents.^ The treasurer, assis- 
tant treasurers, and depositories of the United States will re- 
deem half dollars, quarters, and dimes in lawful money if they 
are not mutilated. Smooth coins are re-coined at the expense 
of the government. 

The five-cent piece is made of three parts copper and one 
part nickel, and the cent is made of bronze (95 % copper and 
5 % tin or zinc). Metal for these coins is purchased from the 
lowest bidder by the superintendent of the mint, with the ap- 
proval of the Director of the Mint. The profit on these coins 
is even greater than that on silver coins. The Treasurer, 
assistant treasurers, and depositories of the United States will 
redeem these minor coins in lawful money provided they are 



1 The cost of silver changes like that of other commodities. On October 30, 
1916, an ounce of silver cost 671 cents. 



144 THE TREASURY DEPARTMENT [§ 80 

not mutilated. Coins worn smooth are re-coined at the expense 
of the government. 

Money which the law requires a creditor to receive in pay- 
ment of a debt (unless otherwise agreed) when tendered by a 
debtor is known as legal tender. Besides United States notes, gold 
dollars and silver dollars are legal tender in any amount ; half 
dollars, quarters, and dimes, known as subsidiary coins, are legal 
tender to the amount of ten dollars ; nickels and cents, known as 
minor coins, are legal tender to the amount of twenty-five cents. 

The only practical value of a legal tender law to-day is to 
prevent the payment of debts in coins which would be incon- 
venient to carry. The United States is on the gold standard, 
which means that the value of all United States money will be 
kept on a parity with gold. 

Paper Currency consists of gold certificates, silver certificates, 
United States notes, National bank notes, Federal reserve 
notes and Federal reserve bank notes. It is printed in Wash- 
ington by the Bureau of Engraving and Printing.i 

Gold certificates are receipts given any person who deposits 
gold coin or bars of gold with the Treasurer of the United 
States. The gold is kept in the government vaults until certif- 
icates are presented for the return of the same. Silver cer- 
tificates certify the same in regard to silver dollars. United 
States notes (" greenbacks ") were issued during the Civil War 
with nothing to secure them except the promise of the govern- 
ment to pay. 

In 1864 when Maryland was invaded by General Lee's army 
these greenbacks were worth only 39 per cent in gold. As we 
now have the gold standard they can be presented to the Treas- 
urer of the United States and exchanged for gold. For this 
purpose the Treasurer is required to keep in reserve at least 
$150,000,000 in gold coins or bullion. 

1 The average life of paper money in the United States is less than three 
years; the average life of silver certificates, the paper money in most com- 
mon use, is only about one year. When the old is exchanged for the new the 
old is either laundered and reissued or ground into pulp. 



§80] 



UNITED STATES CURRENCY 



145 



National bank notes have been issued by National banks 
Tinder the direction and control of the Comptroller of the Cur- 
rency. They have been issued in amounts equal to the par 
value of United States bonds deposited with the Comptroller 
of the Currency as security. They are redeemed in lawful 
money of the United States whenever presented to the Treas- 
urer of the United States, and for this purpose each bank is 



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i 


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F 


H 








m 


J 

T ';-^ 
iS^ 


1 




J 

1 :; 


i 






E 
1 


.m^'^.^fm 


w. 


1 

i 


m 


1 

m 



Money Laundering Machines. 
These machines are in the Treasury at Washington. 



required to keep on deposit with the Treasurer an amount of 
gold equal to five per cent of the amount of notes the bank 
has in circulation. The National bank notes now in circula- 
tion will doubtless be gradually retired through operation of 
the Federal Eeserve Act. 

Under the Federal Eeserve Act, approved December 23, 
1913, Federal reserve notes, which are prepared by the Comp- 
troller of the Currency under the authority of the Federal 
Eeserve Board, may be issued by the twelve Federal reserve 



146 THE TREASURY DEPARTMENT [§ 81 

banks. In addition, these banks may issue Federal reserve 
bank notes in mucli the same way as the National bank notes 
are issued. The purpose of these notes is to give elasticity 
to our currency, i.e. to allow the government to increase the 
volume of money when money becomes scarce, and thereby 
prevent a money panic. (See Sec. 118.) 

These notes may be issued upon the security of short term 
commercial^ paper (e.g., private notes, drafts, etc.), and the only 
limit which the law places upon the amount of Federal reserve 
notes which may be issued is that arising from the requirement 
for collateral and reserve, and the provision that interest may 
be charged upon them in the discretion of the Federal Reserve 
Board. Federal reserve notes are receivable for taxes, customs 
and other public dues and are redeemable in gold on demand at 
the Treasury Department in Washington, or in gold or lawful 
money at any Federal reserve bank. The gold reserve re- 
quired against Federal reserve notes is 40%. 

Mutilated paper currency may be redeemed if its condition 
permits its identihcation by the Government experts. 

81 . The Gold Standard. — The United States formally adopted 
the gold standard by the Act of jMarch 4, 1900, but had actually 
been on a gold standing since 1879. The act provides, ^' That 
the dollar consisting of twenty-five and eight tenths grains of 
gold nine tenths fine . . . shall be the standard unit of value, 
and all forms of money issued or coined by the United States 
shall be maintained at a parity of value with this standard and 
it shall be the duty of the Secretary of the Treasury to maintain 
such parity." 

In the above sections the reader must have observed that one 
can exchange gold certificates, United States notes, Federal 
reserve notes. Federal reserve bank notes, and National bank 
notes for gold coins. This paper money which can be exchanged 
directly for gold, plus actual gold coins, forms four fifths of all 
our money. The other fifth, composed of silver coins, silver 
certificates, nickels, and pennies, can easily be exchanged for the 
above-mentioned forms of money, hence all of our money can be 



§81] 



THE GOLD STANDARD 



147 



converted into gold. This means that a dollar of any kind of 
United States money is worth the same as 23.22 grains of pure 
gold (25.8 grains of gold containing one tenth alloy). 

The basic cause for the recent advance of prices is the in- 
creased supply of gold. Since 1896 the supply of gold in the 
world has increased more rapidly than the demand for it at 
the former prices of commodities. Therefore gold has become 
cheaper and it naturally requires more of it to buy a given 
amount of other commodities. The value of all United States 
money is based on that of gold ; so you now give more money 
for other commodities. In 1910 in the United States you gave 
on the average, at wholesale prices, 45.6 per cent more money 
for commodities than in 1896.^ 

1 Prices in 1910 as Compared with 1896 and the Period 1890-1899 



Kind of Commodities 


Number 


Pekcentage In- 

CEEASE IN 1910 
OVER 1896 


Percentage In- 
crease IN 1910 
ON Average 
FOR 1890-1899 


Farm products 

Foods, etc 

Cloths and clothing 

Fuel and lighting 

Metals and implements 

Lumber and building material . . 

Drugs and chemicals 

House-furnishing goods 

Miscellaneous 


20 
57 
65 
13 
38 
28 
9 
14 
13 


110.2 
53.6 
35.5 
20.2 
37.1 
64.0 
26.3 
18.7 
45.6 


64.6 
28.7 
23.7 
25.4 
28.5 
53.2 
17.0 
1L6 
33.1 


All commodities 


257 


45.6 


31.6 



Extent to which General Prices in Leading Countries of the 
World were Higher in 1910 than in 1896 



Country 



Percentage Increase 
IN 1910 OVER 1896 



Belgium . . 

Canada . . 

England . . 

France . . . 

Germany . . 

India . . - 

Italy . . . 
United States 



Average for all eight countries 



33 



Why It Costs You More To Live. — Kemmerer. 



148 THE TREASURY DEPARTMENT 

Bibliography 

Dewey, D. R. Financial History of the United States. Third 

Edition. 1907. 
Fairlie, J. A. The National Administration of the United States of 

America. 1905. 
Haskin, F. J. The American Government. 1912. 
The Congressional Directory. 
Annual Report of the Secretary of the Treasury. 

Questions on the Text 

1. What are the duties of the Secretary of the Treasury? 

2. How much revenue does the United States government receive 
annually? From what sources does this money come? 

3. What is meant by internal revenue ? 

4. AVhat is meant by customs? 

5. Upon how many ai'ticles are tariff duties imposed? 

6. How does the United States prevent fraud by importers of 
articles upon which a tariff is imposed ? 

7. Where does the United States government keep its money? 

8. For what purposes does the United States expend its money? 

9. What body must authorize the expenditure of all government 
money? 

10. What officer sees that no money is expended except such as is 
authorized by Congress ? 

11. What is meant by currency f 

12. What metallic currency does the United States now make ? 
Where is it made ? 

13. On what kinds of metallic money is a profit made ? 

14. What is meant by legal tender money? Suhsidiary coins? 
Minor coins ? 

1.5. What kinds of coins are legal tender money? 

16. Where is paper currency printed? 

17. What are gold certificates ? Silver certificates ? 

18. How much gold does the Treasury keep in reserve and for 
what purpose ? 

19. What are Federal reserve notes? How many may be issued? 
How may the Reserve Board prevent the issuance of too many? 
How are these notes secured ? 



QUESTIONS 149 

20. If you have mutilated paper money that can be recognized, how 
would you exchange it for good money ? 

21. In 1900 the United States adopted the gold standard. What 
is meant by the gold standard ? 

22. How do you explain the recent advance in prices ? 

Questions for Discussion 

1. During the past twenty years the average annual production of 
gold has been three times that of the previous twenty years, and there 
is now twice as much pure gold in the v^orld as there was twenty years 
ago. Explain what effect this has had on prices of commodities. 

2. If a man is saving money during a period when prices are rising, 
should he buy a farm which will yield him 6 per cent net interest upon 
the amount invested, or should he lend it on a good security at 6 per 
cent? 

3. Buying stocks is buying shares in actual property. Buying 
bonds is lending money. Which would you buy when prices are 
rising? 

4. In 1898 President Cleveland received a salary of |50,000. In 
1916 President Wilson received a salary of $75,000. Can Wilson buy 
any more commodities with his salary than Cleveland could with his ? 

5. Previous to 1896, when prices were falling, a very large number of 
people were without work and marched with Coxey's Army to Wash- 
ington to petition the government to provide work, but as soon as 
prices began to rise labor was in great demand. Explain the reason 
for these conditions. 

6. Since 1896 the volume of bank notes in the United States has 
increased from about 1200,000,000 to 1700,000,000. What effect 
would you expect this increase to have upon prices? 

7. Why do banks encourage their depositors to use checks instead 
of money? 

8. If some chemist should discover a cheap means of extracting 
gold from sea water and, as a result, gold should become extremely 
cheap, what effect would it have upon the wealth of a person who 
has all his money in United States notes? In State bonds? In land 
or houses? 

9. So long as the National government is financially sound why 
does it not make any material difference whether certain kinds of 
paper money are or are not legal tender? 



150 THE TREASURY DEPARTMENT 

10. During the Civil War the United States paper money was 
worth much less than gold money. Why ? Confederate paper money 
was worth even less than United States paper money ; and at the 
end of the war Confederate paper money had no value. Why? 

11. Bring to class as many kinds of paper money as possible and 
examine the various kinds carefully. If you should happen to burn 
your paper money beyond recognition who would gain thereby? If 
a mouse should tear it to shreds could you exchange the pieces for 
new money ? 



CHAPTER XI 

WAR, NAVY, JUSTICE, AND POST-OFFICE DEPARTMENTS 

War Department 

82. The Secretary of War directs the army, including tlie 
Military Academy ,i Service Schools, and War College. He 
also has charge of fortifications, river and harbor improvements, 
bridges over navigable streams, and the administration of the 
Philippine Islands and Porto Rico. All estimates of appro- 
priations for the above functions of the department must be 
examined by him and referred to the President and to Con- 
gress. The war department is especially subject to the 
President because the Constitution makes him commander-in- 
chief of the army. 

83. Military Administration is distributed as follows : The 
adjutant-general transmits to the the troops and individuals 
the orders that go out from the central administration and 

1 For the United States Military Academy at West Point the President 
appoints 60 cadets from the United States at large, 4 from each State at large 
(recommended by senators) , 2 from each congressional district (recommended 
by representatives), 4 each from the District of Columbia and the Philippines, 
and 2 each from Hawaii, Alaska, and Porto Rico (recommended by local offi- 
cials), 20 honor graduates of schools having officers of the Regular Army de- 
tailed as professors of military science and tactics (recommended by heads of 
schools) , and not exceeding 180 enlisted men of the Regular Army and National 
Guard (recommended by commanding generals and State governors respec- 
tively). Appointees must be between 17 and 22 years of age, except those from 
the Regular Army and National Guard, who must be between 19 and 22. All 
must pass a physical examination and a mental examination equivalent to a 
college entrance examination unless they come from accredited schools. Dur- 
ing the four years of attendance each cadet is allowed about $700 a year for 
expenses ; and upon graduation he is commissioned as second lieutenant in 
the Regvilar Army on a salary of $1700. 

151 



152 



WAR DEPARTMENT 



[§84 



keeps records and statistics of the army. The inspector-general 
supervises the inspection of all branches of the army. The 
quartermaster-geyieral has charge of transportation, buildings, 
subsistence, and other supplies. The surgeon-general super- 
vises the medical department. The paymaster-general is 
charged with the payment of soldiers and employees of the de- 
partment. The chief of engineers is head of the corps of engi- 




Copyright, Underwood & Underwood, N. Y. 
Coast Defence Drill by West Point Cadets. 



neers which looks after the construction and maintenance of 
forts, military roads, bridges, and river and harbor improve- 
ments. The chief of ordnance provides and distributes the 
implements of war. The judge-advocate-general records the 
proceedings of courts-martial, and is legal adviser to the Secre- 
tary of War. 

84. The General Staff. — During the Spanish-American War 
(1898) President McKinley, the Secretary of War, and the 



§86] THE ARMY 153 

Secretary of the Navy sat in the War Eoom at the White 
House and sent out general instructions to the army and navy, 
leaving the details to the commanding officers. At this time 
it was seen that these civil administrators lacked practical 
experience for this duty and, in 1903, a supervising military 
bureau of the War Department, known as the General Staff, 
was created. 

This staff is composed of certain generals, colonels, majors, 
and captains, selected by the President ; and the Chief of Staff 
is military adviser of the Secretary of War and the President. 
The members of the General Staff do not serve for more than 
four consecutive years, and thus the body is kept in constant 
touch with the practical problems of warfare. 

The duties of the General Staff are to prepare plans for na- 
tional defence and for the movement of the standing army and 
State militia in time of war, to investigate the needs of the 
army, and to carry out orders of the President. Under the 
supervision of this bureau is the Army W^ar College at 
Washington, where selected officers study special war problems. 

85. The Army War College was established in 1901, when 
Elihu Eoot was Secretary of War. It is a school for twenty- 
three commissioned officers — colonels, lieutenant-colonels, 
majors, and captains. Those who have proved their ability in 
active service or at army service schools are usually chosen for 
this college, and those who succeed there have a chance for 
appointment on the General Staff, upon which there are about 
fifty of the ablest army men of the nation. 

The War College is not only a school of training but also a 
place where the secret military information is kept. It gathers 
maps, plans, drawings, photographs, and written descriptions 
of countries, of their armies and their guns. 

86. The Army. — The army of the United States is com- 
posed of regulars, national guards, reserves, and in time of 
war, volunteers. 

Enlistments in the regular army are for a term of seven 
years. The first three years are spent in the regular organi- 



154 



WAR DEPARTMENT 



[§86 



zations and the remaining four are spent in civil life as mem- 
bers of the regular army reserve corps, who are subject to call ; 
however men may reenlist for the regular organizations at the 
end of three years. According to the law of 1916 the size of 
the regular army is being gradually increased, and by 1920 there 
should be not exceeding 175,000 combatant and 40,000 non- 
combatant troops. 

Enlistments in the national guard are for a term of six years,^ 




Army War College, Washington, D. C. 



the first three years being spent in the active organizations and 
the remaining three in the national guard reserve. According 
to the law of 1916 the number of national guards should in- 
crease to nearly half a million men by 1920. In time of peace 
the national guard of any State is subject to the order of the 
governor, and is commonly called the 



organized militia." ^ 



1 No person under eighteen years of age may enlist without the consent of 
his parents or guardian. 

2 The unorganized milita includes all male citizens between 18 and 45 years 
of age. 






86] 



THE ARMY 



155 



111 time of war it can be ordered anywhere the President 
needs it. It receives its equipment from the national govern- 
ment, and since 1916 the guardsmen have received a small reg- 
ular salary from the national government. 

Volunteers may be called by the President in such numbers 
as Congress authorizes. 

In times of peace the army is often used at the discretion of 
the President for various purposes. For instance, it has fre- 
quently been used to hold the Indians in subjection. In 1894, 






te-VgJ^ 







■^^JimT^^^m^ 



The First Armored Car Completed for the United States Army. 
It carries a field gun and a number of machine guns. 

when the strikers of the Pullman Car Company interfered with 
trains carrying mail near Chicago, President Cleveland sent 
United States troops to prevent any delay of the mails. At 
the time of the San Francisco earthquake United States troops 
were used to guard the property, and recently when the 
Mississippi River overflowed its banks troops were used to 
rescue persons in peril. In 1915 troops were used in Colorado 
to guard property and maintain order in the strike region. 
Army officers are also often used for various engineering 
projects of the government, such as making surveys and the 
building of the Panama Canal. 



156 



NAVY DEPARTMENT 



[§87 



87. Cost of War in Time of Peace. — The average annual army 
appropriations for the eight years just preceding the Spanish- 
American War amounted to $24,000,000 ; those for the navy 
$27,500,000. In 1914 the military establishment (including 
river and harbor improvements) amounted to $173,500,000; 
naval establishment, $139,600,000; pensions $173,400,000; 
and interest on public debt, $22,800,000. Thus more than 




AuTOMoBTLP: iNlACHINE GuX. 

It is leaving New York for the military training camp at Plattsburg, 

half a billion dollars is spent annually because of wars past 
and future. This is more than two-thirds of the total revenue 
of the National government exclusive of postal receipts. 

ISTavy Department 

88. The Secretary of the Navy has the administration of his 
department distributed among the following seven bureaus : 
navigation, yards and docks, ordnance, construction and repair, 



§88] 



THE SECRETARY OF THE NAVY 



157 



steam engineering, medicine and surgery, and supplies and 
accounts. The United States Naval Academy at Annapolis 
educates officers for the navy.^ The navy consists of several 
hundred vessels and about 50,000 men, plus a marine corps 
of 10,000. Enlistments for the navy are for four years. The 
vessels are distributed between the Atlantic fleet and the 
Pacific fleet, each under the command of a Eear Admiral. 




Copyriijlu. [nderwood & Underwood, N. Y. 
Atlantic Fleet. 



Viewed from U. S. S. Wyoming by the Conference of Governors. 



1 Midshipmen are recommended by representatives, senators, and delegates 
of the territories, and appointed by the Secretary of the Navy; each repre- 
sentative, senator, and delegate being allowed three. In addition to these, the 
President appoints two for the District of Columbia and one for Porto Rico, 
and he also annually appoints ten at large from the United States. Fifteen 
enlisted men of the Navy or Marine Corps who pass highest on competitive 
examination are appointed by the Secretary of the Navy each year. 

Appointees must be between sixteen and twenty years of age, and must 
pass entrance examinations similar to those required for West Point. The 
course is four years. Midshipmen are paid .^600 annually from the date of 
admission, and at graduation they are commissioned as ensigns. 



158 NAVY DEPARTMENT [i 

Number of Vessels in the United States Navy 



Type 


Fit for 

Service 

January 1, 

1916 


Under 
Construc- 
tion 
January 1, 
1916 


Author- 
ized BY 
Act of 
August 29, 
1916 


Total 


Battleships, first line . . . 


8 


9 


10 


27 


Battleships, second line . . 


25 






25 


Battle Cruisers 






6 


6 


Armored Cruisers .... 


10 






10 


Cruisers, first class . . . 


5 






5 


Cruisers, second class . . 


4 




10 


14 


Cruisers, third class . . 


10 






16 


Monitors 


7 






7 


Destroyers 


41 


17 


50 


108 


Coast torpedo vessels . . 


16 






16 


Torpedo boats 


19 






19 


Submarines 


35 


38 


701 


143 


Tenders to torpedo vessels . 


8 




3 


11 


Gunboats 


29 




2 


31 


Transports 


4 


1 


1 


6 


Supply ships 


4 


1 




5 


Hospital ships 


1 




1 


2 


Fuel ships 


20 


2 


3 


25 


Converted yachts .... 


14 






14 


Tugs 


48 


2 




50 


Special type 


8 




3 


11 


Unserviceable for war pur- 










poses 


21 






21 


Total 


343 


70 


159 


572 



The President is commander-in-chief of the navy, as of the 
army. The Secretary of the Navy, like the Secretary of 
War, is usually taken from civil life. Strategical and tactical 
matters are under the control of a General Board, corresponding 
to the General Staff of the Army. The Naval War College at 
Newport prepares officers for the General Board as the Army 
War College prepares them for the General Staff. 

1 Including two authorized previous to January 1, 1916. 



§ 80] 



THE ATTORNEY-GENERAL 



159 



Department of Justice 

89. The Attorney-General, head of the Department of Justice, 
has been a member of the President's Cabinet since 1789, but the 
department was not established until 1870. Besides giving legal 
advice to the President and heads of the other departments he is 
prosecuting attorney for the government, directs the administra- 
tion of the federal court system, and supervises federal prisons. 




The Federal Prison at Fort j^eavenworth, Kansas. 



As Prosecuting Attorney the Attorney-General seldom appears 
in court in person. His numerous assistants prepare cases and 
represent him in court. One, known as the " chief trust 
buster," prosecutes those accused of violating the anti-trust 
laws of the United States ; another represents the government 
in all suits brought against the United States in the Court of 
Claims ; another has charge of cases arising out of the ad- 
ministration of our customs laws ; and so the work is divided. 

As Director of the Federal Court System the Attorney-General 
is consulted by the President in the appointment of federal 
district attorneys and federal district marshals. After these 



160 



DEPARTMENT OF JUSTICE 



[§90 



officers are appointed by the President they are under the 
direction of the Attorney-General. 

As Director of Federal Prisons the Attorney-General not only 
provides for the detention and support of federal prisoners/ 
but supervises the paroling of prisoners, examines petitions 
for pardons, except those of military prisoners, and makes 
recommendations to the President. 

The Secret , Service of the Department investigates such 
breaches of the federal law as violations of the national bank- 
ing laws, anti-trust laws, bucket-shop laws, Chinese smuggling, 
customs and internal revenue frauds, and post-office frauds. 



90. 



Post-Office Department 
The Postmaster-General is the head of the Post-Office 



Department, which was advanced from a bureau of the treasury 





^ 


s||S^»|i_^lI_i. uf _ ■:4iLai.a^s^aua:-ij^l^^iti^^» ^l^BH 


^BMHP^^ 





AVashington City Post-Office, with Union Station Adjoining. 

The location of this building obviates the necessity of hauling the mail to and 

from the station. 



iSee Sec. 69, note. 



§90] 



THE POSTMASTER-GENERAL 



161 



department to an independent department in 1829. He 
awards contracts for the transportation of mails, appoints 
departmental employees and fourth-class postmasters subject to 
the civil service rules, and after consulting interested congress- 
men, nominates first-, second-, and third-class postmasters i 
to the President, who, with the consent of the Senate, appoints 
them. The work of the department is divided among four 
bureaus with an assistant postmaster-general over each. The 
department is approxi- 
mately self-sustaining ; 
but it works at a great 
disadvantage because 
Congress controls post- 
age rates and salaries of 
employees, and it is 
often governed more by 
political expediency than 
by economy and effi- 
ciency. 

The Franking Privi- 
lege. — The privilege ex- 
tended to congressmen 
and officials in the 
administrative depart- 
ments whereby they may 
mail official letters . and 
other articles such as the Congressional Eecord, reports, docu- 
ments, and packages of seed free of postage is known as the 
"franking privilege." This privilege is much abused, espe- 
cially in campaign years. Campaign literature is printed for 
congressmen in the government printing office at actual cost 




CopyngM, Underuood & Underwood, N. Y . 

Clerks Assorting Mail in Railway 
Mail Car. 



1 Postmasters are graded into classes according to the receipts of the office. 
First-class postmasters receive an annual salary of ^3000 or more ; second 
class, between $2000 and $3000 ; third class, between $1000 and $2000 ; and 
fourth-class postmasters receive less than $1000 a year, the amount being 
graded according to stamp cancellation. 



162 



POST-OFFICE DEPARTMENT 



[§^J1 



and then sent broadcast to voters at the expense of the gov- 
ernment. During the fiscal year 1912 more than 300,000,000 
pieces of mail, weighing about 61,000,000 pounds, were carried 
by the postal service free of charge under the franks of con- 
gressmen and of the various government establishments. If 

postage at the usual 
rates had been paid on 
this matter, the postal 
revenues would have 
been increased by more 
than $20,000,000. If 
the government should 
issue special stamps in 
limited quantities to 
congressmen this abuse 
would be ended. 

91. Improvements in 
the Service. — Among the 
improvements made in 
our postal service during 
the past half century 
the following might be 
mentioned : registration 
of letters with insurance 
not exceeding $50, free 
delivery, money orders, 
one-cent post cards, two- 
cent postage at home 
and to many distant 
countries, special deliv- 
ery, rural free delivery, postal-savings banks, and parcel post. 
It is advocated that the telegraph and express business be 
monopolized by the United States government as has already 
been done by the governments of England and many other 
countries. 



1 


f 


1 



CopyrijjIU, Unaerwood & Underwooct, N. Y. 

Stamp Printing Machine. 
These machines are located m the Bureau 
of Printing and Engraving, and each prints, 
gums, perforates, and coils 350,000 stamps 
daily. 



§ 92] PROHIBITED ARTICLES 163 

92. Prohibited Articles. — Lottery tickets, whiskey, obscene 
literature, and all things which are likely to injure other mail 
are excluded from the mails ; and further, when any person 
or firm attempts to procure money or property through the 
mails by fraudulent schemes, the privileges of the mails are 
withdrawn from the offender. 

If the Postmaster-General decides that a business is fraudu- 
lent he issues a " fraud order " to the local postmaster and to 
the person accused, whereupon the postmaster stamps the 
word " fraudulent " upon all letters addressed to the accused 
and returns them to the writers if there are return addresses 
upon the envelopes ; if not, they are sent to the Dead Letter 
Office in Washington, where all unclaimed letters are sent to be 
opened and forwarded to the address found inside. 

E-ecently a fraudulent firm, under the name of the National 
Mail Order Brokerage Exchange, mailed letters from Minneapo- 
lis offering a $ 4.50 silk petticoat for ten cents in silver on con- 
dition that the purchaser notify five friends of the offer, and 
request each one of them to do likewise. More than 500,000 
orders were received at the Minneapolis office, but the promot- 
ers received comparatively few of them, as an investigation 
by the postal authorities frightened the swindlers away. It 
has cost the government thousands of dollars to handle and 
return these letters. If these fakers are ever captured a term 
awaits them in the federal prison. 

Bibliography 

Fairlie, J. A. The National Adiinnistration of the United States 

of America. 1905. 
Haskin, F. J. The American Government. 1912. 
The Congressional Directory. 
Annual Report of the Secretary of War. 
Annual Report of the Secretary of the Navy. 
Annual Report of the Attorney-General. 
Annual Report of the Postmaster-General. 



164 ADMINISTRATIVE DEPARTMENTS 

Questions on the Text 

1. What are the duties of the Secretary of War? 

2. What are the duties of the Adjutant-General? Inspector- 
General ? Surgeon-General ? Paymaster-General ? Chief of En- 
gineers ? Chief of Ordnance ? Judge-Advocate-General ? 

3. Why was the General Staff created? Of whom does it con- 
sist? What are its duties? 

4. What is the Army War College? Of whom does it consist? 

5. What information is kept by this college? 

6. Of what forces is the United States army composed? Is your 
father a member ? 

7. For what purposes may the President use the army in times of 
peace ? 

8. What is the cost of war in times of peace? 

9. What are the duties of the Secretary of the Navy ? 

10. How are naval cadets appointed? What pay do they receive 
while they are being educated ? 

11. What officer commands a fleet? 

12. Who is commander-in-chief of the navy? 

13. What is the purpose of the General Board? 

14. What are the duties of the Attorney-General? 

15. How is the work of the Department of Justice divided? 

16. What are the duties of the Secret Service of the Department 
of Justice ? 

17. What are the duties of the Postmaster-General? AVhat sala- 
ries are paid postmasters ? 

18. What is meant by the, franking privilege ? 

19. What improvements have been made in the postal service dur- 
ing the past fifty years ? 

20. What articles are excluded from the mails ? 

21. What is a /mwr/ orr:?er, and by whom is it issued? 

Questions for Discussion 

1. Mention some purposes for which you think the army could be 
used other than those for which it is now used. 

2. The Secretary of the Navy reported that seventeen cruisers 
and some other vessels (not " battleships ") could be used in time of 
peace to carry mail and commerce to South America. Do you favor 
the recommendation? Why? 



QUESTIONS 165 

3. Until shortly before the Civil War every private in the navy 
received his grog ration. Later, privates were forbidden to bring 
intoxicants on board. In 1914 the restriction was made to include 
ofl&cers. Explain why the dangers from intoxicants became more ap- 
parent with our more complex machinery. 

4. A single war vessel of the super-dreadnaught type costs about 
$20,000,000, or enough to pave a thousand miles of road which M^ould 
last about twice as long as the vessel. Is not the fact that nations 
seem to find it necessary to waste such large amounts a great reflec- 
tion upon civilization and Christianity ? How do you think the need 
of so many war vessels might be avoided? Do you favor building- 
vessels in private shipbuilding yards, as most of them are built at 
present, or in government yards where the Secretary of the Navy 
thinks they can be built more cheaply ? 

5. The best corporation lawyers in the Department of Justice are 
frequently offered higher salaries by commercial corporations who 
have been prosecuted by lawyers of said department. This means 
that the private corporations have better attorneys to represent them 
in court than the people of the United States have to represent them. 
How would you meet this situation ? 

6. N'ame some crimes the perpetrators of which would be prose- 
cuted by the Department of Justice. 

7. The National Advisory Board, composed of scientists and in- 
ventors who are to give the Navy Department expert advice, unani- 
mously passed a resolution that the government establish a large 
laboratory to test the many plans that inventors suggest. The cost of 
such a laboratory would be about $5,000,000, and half that sum addi- 
tional annually to keep it going. Mr. Edison proposes that it be en- 
closed in a walled city in order to secure secrecy. Are you in favor of 
such a plan ? 

8. In 1897 rural free deliverymen received a salary of $300 a year. 
In 1898 they received $400; 1900, $500; 1902, $600; 1904, $720; 
1907, $900; 1911, $1000; 1912, $1100; and 1914, $1200. Why do 
you suppose Congress has increased the salary of these rural free 
deliverymen more rapidl}^ than that of other government employees? 

9. When a new post-office building is erected in a small town the 
janitor for the new building often costs as much as the rent of the 
former quarters. This appears extravagant. On the other hand, a 
new well-ventilated and lighted building of pleasing architecture may 
inspire the people of the town with respect for the government and 



166 ADMINISTRATIVE DEPARTMENTS 

for other civic improvements. Do you favor a government-owned 
post-office even if it costs more than a rented one ? 

10. Learn from your postmaster what is inckided in first-, second-, 
and third-class mail, and the rates on each. What articles can be 
sent by parcel post? Can you insure a parcel? Send it by special 
delivery? Send it C. O. D.? 

11. If it were not that newspapers and magazines are carried for 
less than cost, penny postage on letters could be introduced. Do you 
think this change would be wise ? 

12. On R. F. D. routes each home has a letter box. In the city a 
box is not required. Do you think it should be ? Have you any 
other suggestions as to the more economical handling of the mail? 

13. It has been discovered that the farmers who produce much of 
the food consumed in New York City get for their products only 40 
per cent as much as the consumer pays for them. How can the Na- 
tional Government heljD to remedy this situation? 



CHAPTER XII 

INTERIOR, AGRICULTURE, COMMERCE, AND LABOR 
DEPARTMENTS 

Departmext of the Interior 

93. The Secretary of the Interior is the head of the Depart- 
ment of the Interior, which department grew out of the large 
accession of territory following the Mexican War. In 1849 
various functions were withdrawn from the other departments 
to form this new department of unrelated governmental bureaus 
and divisions, of which the following now exist : government 
lands, geological survey, reclamation, mines, Indians, education, 
patents, and pensions. 

A recent Secretary of the Interior, realizing the difficulty of 
supervising such unrelated bureaus, recommended that patents 
be placed under the department then known as the Department 
of Commerce, and Labor ; pensions under the War and Navy 
Departments ; and that the remaining functions be consolidated 
with the Agricultural Department. This, however, has not as 
yet been done. 

94. The General Land Office, the most important bureau of 
the department, has charge of the patrolling, surveying, and 
sale of several hundred million acres of public lands of the 
United States. In the past large tracts have been sold to 
land speculation companies, given to railroad corporations 
in order to promote the construction of railroads and thus 
develop the country, given to States for public schools, agri- 
cultural colleges, and internal improvements ; but gradually 
the practice of giving a 160-acre homestead free, or for a small 
fee, to any person who will live on it has gained favor. The 

167 



168 



DEPARTMENT OF THE INTERIOR 



[§95 



present policy is to preserve government lands containing 
minerals, timber, or water-power, and to give title to the 
surface of the land only. 

95. The Geological Survey, during the past thirty years, has 
made topographic and geologic maps of more than one-third 
of the surface of the United States ; and because of this work 
we not only know the 

height of hills and the 
volume of water which 
flows in streams, but we 
know where valuable 
minerals occur below the 
surface. 

As an illustration of the 
value of this work, a few 
years ago when the Lacka- 
wanna Eailroad relocated 
thirty-four miles of its 
main line the engineer of 
construction sat comfort- 
ably at his office desk and 
ran all the preliminary 
surveys, and. even made 
the linal location for the 
$ 12,000,000 improvement 
from the data contained 
on the topographic sheet. 

96. The Reclamation Bureau's most important work is irrigat- 
ing the desert places of the Western States. By an act of 
Congress passed in 1902 a fund received from the sale of 
public lands in certain Western States, except five per cent set 
aside for educational purposes, is to be used permanently for 
the reclamation of arid lands. In 1913 the fund was about 
$82,000,000. Some idea of the vastness of this work can be 
gathered from the fact that in one Colorado plant a tunnel six 
miles long had to be dug through a mountain. The reclaimed 




United States Geological Surveyor 
AT Work. 



§ 99] THE BUREAU OF PATENTS 169 

land is sold to farmers in forty-acre tracts on easy terms, and 
the money derived therefrom is used in the furtherance of this 
work. 

97. The Commissioner of Indian Affairs .has charge of the 
lands, moneys, schools, and general welfare of 300,000 Indians 
now living on reservations in the United States. As soon as 
Indians become able to perform the social, political, and legal 
duties of citizens they are given tracts of land and made re- 
sponsible as other citizens ; but the land which is assigned them 
may not be sold for a certain number of years, at the end of 
which time it is hoped they will not squander the proceeds. 
After that, each will have to " hoe his own row " as any other 
citizen of the State in which he lives. 

98. The Bureau of Education is " a national clearing house " 
for educational information. The annual report of the Com- 
missioner of Education contains extensive statistics of colleges, 
and of common and high schools. This report also contains 
accounts of experiments made in some one State. For example, 
if a certain community makes an exceptional success in the 
transportation of pupils to rural schools, the bureau will have 
experts investigate the details, and print the findings for educa- 
tors all over the country. 

99. The Bureau of Patents, with a Commissioner of Patents 
at its head, issues patents and registers trade-marks, prints, 
labels, and the like. More than a million patents have been 
granted by the United States, including 8000 by women and 
500 by colored persons. 

Among the early important patents are Eli Whitney's cotton 
gin (1793) and Eobert Fulton's steam-boat (1809). When the 
Wright Brothers invented the biplane air-ship they took out 
numerous patents, one covering every variety of the invention, 
so that no one else could manufacture a biplane similar to 
their invention without paying a royalty. Thomas A. Edison 
has more than three hundred patents. He spends about 
$300,000 annually on experiments carried on in his labora- 
tories. Some corporations purchase all promising patents 



170 DEPARTMENT OF THE INTERIOR [§ 100 

offered them, using those which will save them money and 
keeping the others so that competing corporations may not be 
able to use them. 

Any American, and any foreigner whose native country pro- 
tects American inventions, by the payment of a $35 fee, is 
given the exclusive right to manufacture the patented article 
for seventeen years. ^ On filing an application for a patent $15 
must be paid, and the additional $20 is paid if the patent is 
granted. The applicant for the patent must declare to the 
Commissioner of Patents that he is the real inventor of the 
article described by drawings, or by a model if the commis- 
sioner demands it. 

When a new patent is applied for, it requires considerable 
research to know whether a prior patent is being infringed. 
To facilitate this research the bureau is divided into a number 
of divisions. If, for example, application is made for a patent 
upon a trap of any kind it is referred to the division which 
examines nothing but traps. In obtaining a patent a patent- 
attorney is not essential, but a good one is valuable for the 
reason that if one's claims are rejected, an attorney can often 
suggest other claims which will persuade the patent clerks 
that the invention really contains a new idea. However, if by 
error the patent of&ce grants a second patent for the same 
invention the owner of the first patent can have the Com- 
missioner of Patents or the Federal Courts declare the second 
patent void. 

The United States reciprocates with all the principal nations 
of the world for copyrights and patents by treaty or other 
agreement. A copyright attorney or patent attorney can obtain 
copyrights or patents for an author or inventor simultaneously 
in the various countries. A fee must be paid to each country. 

100. The Pension Office examines applications for pensions 
and makes recommendations to Congress, which body votes all 
pensions. Of the more than 800,000 pensioners, half a million 

1 Rights are secured to heirs and assignees of inventoi-s. 



§101] 



DEPARTMENT OF AGRICULTURE 



171 



are federal veterans of the Civil War. Others fought in the 
Spanish War, Mexican War, or served in the army or navy in 
times of peace. In 1913, there were on the list 199 widows of 
veterans of the War of 1812. Because of the Civil War alone 
the National government has paid between $4,000,000,000 and 
$5,000,000,000 in pensions through this office. 

Department of Agkiculture 

101. The Secretary of Agriculture is the head of the Depart- 
ment of Agriculture, which, until 1889, was the Bureau of 




Copyright, Underwood & Underwood, N. Y. 

One Wing of the Agricultural Department Building, 
Washington, D. C. 

The main building is not yet erected, the entire appropriation having been 
spent upon the two wings. 



Agriculture in the Department of the Interior. The functions 
of the department are divided among the following bureaus 
and divisions : animal industry, plant industry, weather, forest 
service, soils, chemistry, entomology, biological survey, crop 
estimates, state relations, roads and rural engineering, markets 
and rural organization, insecticide and fungicide, horticulture, 
publications, library. 



172 DEPARTMENT OF AGRICULTURE [§ 102 

102. The Bureau of Animal Industry regulates the national 
quarantine for live stock, studies animal diseases, inspects 
animals before slaughter and the meat after they have been 
slaughtered. By experiments in the breeding and feeding of 
live stock and poultry it has discovered that about one fourth 
of the dairy cows of the United States do not pay for their 
feed, and if the bureau's directions were followed as to the 
best breeds of chickens to keep and how to feed them it is 
estimated that the increased annual value of eggs would be 
$50,000,000. 

103. The Bureau of Plant Industry among its various dis- 
coveries has shown us that the fungus which causes cedar rust 
upon apples must have each alternate generation on the red 
cedar ; thus, by destroying all red cedars fruit growers are 
able to keep their orchards clean of this once dreaded disease. 
This bureau also ransacks the world for new crops suitable to 
the American soils. 

104. The Weather Bureau receives reports from stations all 
over the United States, from hundreds of vessels, and from 
foreign countries. Storm warnings save millions of dollars 
invested in vessels besides many lives ; frost warnings serve 
the growers of fruit and vegetables ; flood forecasts, often a 
week in advance, enable farmers to save live stock and other 
property. Freezing forecasts enable railroads to save perish- 
ables in transit, greenhouses to hre their boilers, gasoline en- 
gines to be drained, concrete work to be stopped, coal dealers to 
supply partial orders to all instead of full orders to a few, ice 
factories to reduce their output, and merchants to curtail their 
advertising. Eain forecasts protect the raisin crop, enable 
fruit growers and farmers to harvest and shelter crops, protect 
the manufacturer of lime, cement, and brick, as well as photog- 
raphers. Humidity forecasts are useful to silk and candy 
manufacturers. 

105. The Forest Service has charge of national forest reserves 
— now about 200,000,000 acres. The forests are constantly 
patroled by forest-service rangers, who prevent destructive fires 



§ 108] DEPARTMENT OF COMMERCE 173 

and the stealing of timber. Large areas are planted with, trees 
suitable to the climate and soil of the particular regions. 

106. The Entomology Division combats insects which are a 
menace to crops, animals, and persons. It imports harmless 
insects which prey upon harmful insects. 

The Biological Survey is carried on under the Entomology 
Division and investigates the relations of birds and mammals 
to the work of farmers and stockmen. 

107. The Bureau of Chemistry has an important duty in con- 
nection with the pure food laws. It determines which foods 
are adulterated with poisonous elements and with ingredients 
that give little or no nourishment. When Dr. H. W. Wiley 
was chief of this bureau he had a " poison squad " who tested 
the effects of foods by eating large quantities and studying the 
effects upon their own systems. 

Department of Commerce 

108. The Secretary of Commerce is the head of the Depart- 
ment of Commerce. This department gathers census statistics ; 
regulates standards and measures ; propagates and distributes 
fishes ; maintains light-houses ; supervises navigable waters, 
coast and geodetic survey work, and steam-boat inspection. 
One bureau of this department, the census bureau, demands 
further mention. 

The Census Bureau enumerates the population of the United 
States every ten years in order to apportion representation in 
the House of Eepresentatives and presidential electors among 
the States. In 1910 more than 70,000 enumerators counted 
the people according to race, sex, and age, and collected many 
other facts, such as agricultural statistics. Several years are 
required to tabulate the statistics gathered each decade. Be- 
tween the periods for the decennial censuses various other 
special reports are made on agricultural, vital, and other sta- 
tistics. Every fifth year an investigation of all manufacturing 
industries is made. (See Sec. 6, 4 /.) 



174 



DEPARTMENT OF LABOR 



[§109 



Department of Labor 

109. The Secretary of Labor has a portion of the functions 
performed by the Secretary of Commerce and Labor until 
1913, when the Department of Commerce and Labor was 
divided, with a few new functions added. The purpose of the 
new department is to foster, promote, and develop the welfare 




Copyright, Underwood & Underwood, N. Y. 
Ellis Island. 

of wage earners in the United States, to improve their work- 
ing conditions, and to advance their opportunities for profitable 
employment. The department has a bureau of immigration, 
a bureau of naturalization, a bureau of labor statistics, and a 
children's bureau. 

110. The Bureau of Immigration. — The Commissioner-Gen- 
eral of Immigration is charged with the reception of all immi- 
grants, three-fourths of whom enter at the port of Xew York 
(Ellis Island). Adults, with a few exceptions, are required to 
read forty words of some language ; a head tax of $8.00 is 



§ 111] BUREAU OF NATURALIZATION 175 

collected, and all steerage passengers must undergo a physical 
examination and comply with various other regulations. 

Our immigration law excludes persons mentally defective 
or those likely to become public charges, such as children 
without parents, persons with contagious diseases or physical 
defects, criminals, polygamists, anarchists, immoral women, 
and laborers brought to this country by contractors. All 
Chinese and other Orientals are excluded unless they are 
citizens of the United States, merchants, travellers, or students. 
AVe aim merely to exclude the coolie class of Chinese, and many 
of these get in secretly from Canada and Mexico. The steam- 
boat companies must take back without charge any passengers 
that are excluded. 

111. Bureau of Naturalization.- — In order that immigrants 
to this country may become citizens of the United States 
in the prescribed manner only, the government maintains 
a bureau of naturalization. This bureau keeps records of 
immigrants and sees that they become naturalized according 
to law. 

Whites, American Indians, and Africans may become natu- 
ralized in the following manner : ^ (1) The applicant for 
citizenship appears before a court of record (federal or State) 
at least two years before admission to citizenship and declares 
on oath his or her intention to become a citizen and renounces 
allegiance to any other government. This application is re- 
corded and the applicant is furnished a copy of the record. 



1 The Texans were naturalized en masse by a joint resolution of Congress. 
In 1848 the President and the Senate, by means of a treaty with Mexico, 
naturalized the citizens of the ceded territory, except those who chose to 
remain citizens of Mexico. Inhabitants of Louisiana (1803) and of a portion 
of Maine (1842) and Indians have been admitted by treaty. Indians remain- 
ing in States when their tribes moved West have also been naturalized en 
masse by statute. 

The wife and minor children of a naturalized male citizen become citizens 
through his naturalization. If a mother becomes naturalized her minor 
children likewise become citizens. Children born abroad to citizens of the 
United States, whether native born or naturalized, are American citizens. 



176 



DEPARTMENT OF LABOR 



[§112 



(2) Two years later the applicant must appear in court, show 
proof that he has resided in the United States for five years, 
and in the State where he is appearing before the court for at 
least one year, and that he is a person of good moral character. 

(3) He must take an oath to support the Constitution of the 




Copi/righl , Vnchrunod & Vndxrwi 

Future Citizens of America. 
Armenians rescued from Turkish massacres arriving at Ellis Island. 



United States and renounce allegiance to any foreign govern- 
ment. In case he has any title of nobility it must be re- 
nounced. These facts are recorded by the clerk of the court 
and a certificate of naturalization is granted. 

112. The Children's Bureau investigates the labor conditions 
under which children work ; also the care and training of 
infants and children. This bureau is the first United States 
bureau to have a woman at its head. 



QUESTIONS 177 

Bibliography 

Fairlie, J. A. The National Administration of the United States of 
America. 1905. 

Haskin, F. J. The American Government. 1912. 

The Congressional Directory. 

The Yearbook of the Department of Agriculture. 

Annual Report of the Secretary of the Interior. 

Annual Report of the Secretary of Agriculture. 

Annual Report of the Secretary of Commerce. 

Annual Report of the Secretary of Labor. 

Annual Report of the Commissioner of Education. 

Bulletins of the Bureau of Education. A list of such bulletins can 
be obtained from the Commissioner of Education, Washington, 
D. C, and most of the bulletins will be furnished free. 

Questions ox the Text 

1. When was the Department of the Interior created? What 
bureaus are under this department? 

2. AVhat are the duties of the General Land Office ? The Geo- 
logical Survey? The Reclamation Bureau? The Commissioner of 
Indian Aif airs? The Bureau of Education? The Bureau of Patents? 
The Pension Office ? 

3. How may a patent be obtained? 

4. Into what bureaus and divisions is the Agricultural Depart- 
ment divided ? 

5. What are the duties of the Bureau of Animal Industry? 
Bureau of Plant Industry? The Weather Bureau? Forest Service? 
The Entomology Division? Bureau of Chemistry? 

6. ^^'hat are the different bureaus of the Department of 
Commerce ? 

7. What functions are performed by the Census Bureau of the 
Department of Commerce ? 

8. What are the duties of the Secretary of Labor? 

9. What are the duties of the Bureau of Immigration? 

10. What tax is imposed upon immigrants entering the United 
States? 

11. What classes of persons are excluded from the United States? 

12. What persons may become naturalized? How? 



178 ADMINISTRATIVE DEPARTMENTS 

13. How did the Texans become naturalized ? The inhabitants of 
Louisiana in 1803 ? Certain Indians ? 

14. What is the purpose of the Children's Bureau? 

15. In what respect does the administration of the Children's 
Bureau differ from that of any other? 

Questions for Discussion 

1. If you desired to construct an electric power plant along some 
river how would you learn how much power you could produce during 
the different months ? 

2. Great irrigation plants are being constructed in the West. 
Would it be possible for you to irrigate your farm, orchard, or 
garden ? 

3. Last year the United States paid $175,000,000 in pensions to 
820,200 persons, principally to Union Civil War veterans and their 
widows. The number of such pensions will gradually decrease. 
Should we follow the example of England and give a small pension 
to all persons above seventy years of age ? 

4. What use do you make of the government weather report? 

5. If you live on a farm do you get government bulletins giving 
experiments on growing the crops that you grow and the cattle that 
you raise ? 

6. Why is a knowledge of the habits of birds — e.g., food supply — 
so important to farmers? 

7. For centuries it was believed that there was no practical limit 
to the number of fish in the lakes and bays. To-day countries find 
it necessary to restrict the catching of fish and to hatch fish to 
replenish the lakes and bays. If there were no governments to 
replenish this great source of food could private individuals be de- 
pended upon to do it ? Where can you get a supply of minnows for 
your lake or stream ? 

8. In 1914 there reached our shores 1,197,892 immigrants, together 
with about 140,000 persons who were not classed as immigrants. Why 
is the immigration bureau under the Department of Labor ? 



CHAPTER XIII 
BOARDS AND COMMISSIONS 

113. Why Boards and Commissions are Created. — In addition 
to the ten administrative dej^artments, whose heads are mem- 
bers of the President's cabinet, various independent boards and 
commissions have been created to relieve the pressure of busi- 
ness on the President and Congress. Boards and commissions 
have been created instead of additional administrative depart- 
ments (1) because the duties to be performed require experts 
whose terms of office should not depend upon the political for- 
tune of the President, and (2) because their duties require the 
deliberation of a board rather than the opinion of one individual. 

The following boards and commissions are discussed in the 
order in which they were created. 

114. Commissioners for the District of Columbia. — The Consti- 
tution of the United States gives Congress power to exercise 
exclusive legislation over the District of Columbia in all cases 
whatsoever. Previous to 1874 Congress permitted the District 
to be governed by elective officials, elections being held there 
the same as in the States. Elections became so corrupt — a 
fact partly due to the vote of inexperienced negroes — that 
Congress abolished the council form of government and 
provided for its government by Congress and commissioners.^ 

Since 1874 the District has been administered by three com- 
missioners, two of whom are appointed for terms of three years 

1 Since 1874 the inhabitants of the District of Columbia have been excluded 
from all suffrage, not even being permitted to vote for presidential electors. 
However, a large proportion of the population consists of government em- 
ployees who may return to their home States to vote. 

179 



180 



BOARDS AND COMMISSIONS 



§114 



by the President and Senate of the United States, and one 
engineer detailed by the President from the United States 
army to serve for an indefinite period. Other officers are like- 
wise appointed by the President. These three commissioners 
administer the municipal departments, such as schools, police, 




Copyright, Underwood & Underwood, N. 

Municipal Building, Washington, D. C. 

In this building the ottices of the District of Columbia Government are 

located. 



and public health. They recommend needed legislation, but 
Congress is the only legislative body of the District. 

All bills relating to the governing of the District are consid- 
ered by committees, usually by the House Committee and the 
Senate Committee on the District of Columbia, or by the House 
Committee and the Senate Committee on Appropriations. It 
is at public hearings of these committees that the people of the 
District make their wishes known. Congress appropriates one 
half of the expenses of the District from the Treasury of the 



§ 115] THE CIVIL SERVICE 181 

United States on the assumption that about one half of the 
property within the District belongs to the United States, but 
the other half of the expenses is paid by taxing the inliabitants. 

115. The Civil Service. — The Constitution of the United 
States provides that Congress may by law vest the appointment 
of such inferior officers as they think proper in the President 
alone, in the courts of law, or in the heads of departments. 
(See Sec. 64.) Congress vested the appointment of most 
inferior officers in the President or in, the heads of departments. 
From the time of Andrew Jackson's administration until the 
past few decades, the President and heads of departments 
appointed members of their own political parties, giving little 
consideration to qualifications, and turning out of office those 
of the opposing party. This practice was known as the " spoils 
system." i 

The Civil Service Act of 1883, subsequent laws of Congress, 
and executive orders of the President have gradually increased 
the number of persons securing permanent positions by com- 
petitive examinations, until to-day about a quarter of a million 
employees of the government secure their appointments in this 
manner. A President may issue orders providing that certain 
classes of employees shall be appointed in accordance with 
civil service examinations. For instance. President Taf t issued 
such an order covering all fourth-class postmasters, Roosevelt 
having issued one applying to those of fourteen States. 

The President can do this because the right to make appoint- 
ments belongs either to him or else to the heads of departments, 
whom he can remove ; hence they are practically compelled to 
make appointments according to civil service examinations if 
the President so orders. If a President should be opposed to 
the civil service plan he could revoke the orders of former 
Presidents and again bring most of the civil service positions 
under the spoils system. 

1 In 1832 when President Jackson was criticized for removing political 
opponents from office, William L. Marcy in defending the action of the 
President said, " to the victors belong the spoils of the enemy." 



182 BOARDS AND COMMISSIONS [§ 116 

Even employees who have entered the service of the govern- 
ment as a result of civil service examinations may be dismissed 
for incompetency, but because there is no pension for civil 
employees they are usually kept long after their efficiency is 
gone, some being wheeled to their desks in roller chairs. It 
is estimated that one out of every fourteen government em- 
ployees in Washington is over 65 years of age. It has been 
suggested that one and a half per cent of the salaries of gov- 
ernment employees be deducted for a retirement fund, thus 
enabling the officials to retire the aged upon pensions. 

116. The Civil Service Commission, which was created in 1883, 
consists of three commissioners appointed by the President 
and Senate, only two of whom may be of the same political 
party. The duty of this commission is to prepare examination 
questions for ap]3roximately five hundred kinds of positions and 
to have examinations conducted at convenient places through- 
out the Union by government employees of the respective 
localities. The commission recommends those making the 
highest grades to appointing officers of the various branches 
of government which make appointments in accordance with 
civil service examinations. 

When a federal official has a vacancy to be filled the com- 
mission sends him the names of the three eligibles for. appoint- 
ment having the highest ratings upon their examination papers, 
except that military veterans have preference over all others, 
and that an effort is made to distribute the appointments 
among the States in proportion to population. If one of the 
three is selected the two remaining names will again appear 
among the next three names sent to the appointing officer, and 
he may not reject a name in order to reach a name further 
down the list unless he thinks those heading the list are men- 
tally, morally, or physically unfit for the position to be filled. 

No senator or representative may recommend any applicant 
to the commission, though he may show the appointing officer 
why the person making the highest grade should not be ap- 
pointed. A period of probation always precedes final appomt- 



§ 118] NATIONAL BANKS 183 

ment. No appointee may be required to contribute to a 
political fund or to perform political services. The President 
of the United States may amend or make exceptions to the 
Civil Service Eules. 

117. The Interstate Commerce Commission, created in 1887, 
consists of seven members appointed by the President and 
Senate. It has supervision over all common carriers engaged 
in interstate commerce, such as railroads, steamboats, express 
companies, sleeping-car companies, telegraph, cable, telephone, 
wireless-telegraph companies, and pipe lines carrying other 
commodities than water and gas. 

This commission, unlike a court, will interpret interstate 
commerce laws for shippers or carriers before an actual case 
has arisen. If any individual has been overcharged for a ticket, 
or if a railroad is not properly hauling his products, he can 
complain to this commission, and an investigation will be made 
involving no expense to the individual who complains. Or 
large commercial corporations, cities, and towns may make 
formal complaints of poor service or discrimination in rates. 

All interstate freight and passenger rates must be submitted 
to this commission before going into effect. That it may 
know what rate will give these interstate companies a fair 
profit on the money invested, each company is required to have 
uniform bookkeeping ; and in this way the commission may 
account for all money received, where it comes from, and 
where it goes. 

These companies cannot charge less to some persons than to 
others for similar service ; cannot give any preference to any 
person, company, or city ; nor may they make agreements with 
other roads or lines for pooling freights and thereby destroying 
competition. When the commission discovers that any of the 
foregoing crimes has been committed, the fact is reported to the 
Attorney-General of the United States, whose duty it is to 
prosecute the offenders. 

118. National Banks, the Federal Reserve Board, and the Federal 
Farm Loan Board. — National Banks. — With the approval of the 



184 BOARDS AND COMMISSIONS [§ 118 

Comptroller of the Currency any five or more persons may re- 
ceive from him a charter of incorporation for a National bank 
if they can raise the required amount of capital. The minimum 
capital depends upon the size of the city and varies from $25,000 
in places of less than 3000 inhabitants to $200,000 in cities of 
more than 50,000 inhabitants. 

These banks receive deposits from individuals and lend 
money to individuals. They must be examined by a United 
States examiner at least twice a year, must make reports 
to the Comptroller of the Currency at least five times a year 
— whenever called for — and are required to keep a certain 
per cent of their deposits always on hand in lawful money 
and a prescribed per cent in federal reserve banks as a reserve. 

Every National bank is a member of the federal reserve bank 
of the district in which it is located.^ 

Federal, Reserve Banks. — The United States is divided into 
twelve federal reserve districts, and there is one federal reserve 
bank located in the federal reserve city ^ of each district. These 
banks were created by Congress in 1913 to put more money into 
circulation when honest business men need it, and thus prevent 
'' hard times " caused by a lack of money to carry on the business 
of the country. This is done by issuing federal reserve notes to 
member banks in exchange for certain stocks, bonds, and other 
commercial papers which represent real values, but could not 
hitherto be turned into money upon short notice. 

A federal reserve bank must have at least $4,000,000 capital, 
and this capital must be subscribed by all member banks. Each 
reserve bank has a board of nine directors, of whom six are 
elected by the member banks, each bank having one vote, and 
three by the federal reserve board. The officers of each re- 
serve bank are chosen by the directors thereof. 

1 State banks and trust companies may become members of a federal 
reserve bank if they conform to most of the regulations governing National 
banks. 

2 The twelve federal reserve cities are Boston, New York, Philadelphia, 
Richmond, Atlanta, Cleveland, Minneapolis, Chicago, St. Louis, Dallas, 
Kansas City, and San Francisco. 



§118] 



FEDERAL RESERVE BANKS 



185 



The board of directors of each federal reserve bank elects one 
of its members as a member of the Federal Advisory Council, 
a body composed of one member from each reserve bank, which 
meets in Washington at least four times a year to consult, 
advise, and question the Federal Reserve Board in regard to 
the business of the reserve banking system. 

At the head of our federal reserve banking system is the 
Federal Reserve Board. This board was created in 1913 by 













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the same act of Congress which provided for the federal reserve 
banks. It is composed of seven members, five of whom are 
appointed by the President and Senate for a term of ten years. 
The Secretary of the Treasury and the Comptroller of the 
Currency are ex officio members, the Secretary of the Treasury 
being ex officio chairman of the board. The salary for each of 
the appointed members is $12,000 per annum and expenses, 
and the Comptroller of the Currency receives $7000 in addition 
to his salary as Comptroller. 

The Federal Reserve Board has general supervision of our 
federal reserve banking system. For instance, it may examine 



186 BOARDS AND COMMISSIONS [§ 118 

any bank in the 'system ; it regulates, through the Comptroller 
of the Currency, the issue and retirement of reserve notes, and 
determines the rate of interest to be paid the government for 
these notes ; it suspends or removes federal reserve bank officers, 
taking possession of such bank if necessary ; and it publishes a 
weekly statement of the reserve banks. This board has its 
offices in the Treasury Building at Washington. 

Farm Loan Banks. — The federal land bank system, which 
was created by Congress in 1916, does for the farmer, to some 
extent, what the federal reserve system does for the commercial 
man. The farmer is given an opportunity to secure money on 
his most available commodity — his land — just as the merchant 
or the manufacturer is able through the federal reserve system 
to obtain money on paper based on commercial transactions. 

The United States is divided into twelve land bank districts ^ 
with a federal land bank located in each. These twelve banks 
are supervised by the Federal Farm Loan Board consisting of 
four members appointed by the President and Senate for terms 
of eight years and the Secretary of the Treasury, who is a 
member and ex-officio chairman of the board. Each of the four 
members appointed receives an aimual salary of $10,000. 

These twelve banks will not, except in special cases, lend 
money directly to farmers ; but there are three ways through 
which a farmer may borrow money by giving a hrst mortgage 
on his farm property. First, any ten owners of farm land who 
desire to borrow at least $20,000 may form a National Farm 
Loan Association, and receive the amount desired from the 
land bank of their district through this agency. Second, the 
Federal Farm Loan Board may authorize federal land banks to 
make loans to farmers through local agents, such as State 

11. Me., N.H.,Vt., Mass., R- I., Coun.,N.Y., N.J. (Springfield). 2. Pa., 
Del., Md., Va., W. Va., D. C. (Baltimore). 3. N. C, S. C, Ga., Fla. (Co- 
lumbia). 4. Tenn.jKy., Ind., O. (Louisville). 5. Ala., Miss., La. (N.Orleans). 
6. 111., Mo., Ark. (St. Louis). 7. Mich., Minn., Wis., N. D.' (St. Paul). 
8. Neb., S. D., Wy., la. (Omaha). 9. Okla., Kan., Col., N. M. (Wichita). 
10. Tex. (Houston). 11. Cal.,Nev., Utah, Ariz. (Berkeley). 12. AVash., Ore., 
Mont., Idaho (Spokane). 



§ 119]. THE FEDERAL TRADE COMMISSION 187 

banks. Third, joint stock land banks may be created under 
the supervision of the Federal Farm Loan Board to lend money 
secured by first mortgages on farm lands. 

The money to be lent to farmers is obtained principally from 
the sale of bonds which may not bear more than five per cent 
interest. The money thus obtained is lent through the above 
agencies at a rate not to exceed six per cent. 

Loans are made only for the purchase of land, for its im- 
provement, or for purchase of live stock, equipment, fertilizers, 
or to provide buildings on a farm, or to liquidate indebtedness 
existing when the first association was formed in the county 
where the land is located. ISTo loan is made of more than 
$10,000 or less than $100. The loan itself is reduced by 
annual or semi-annual payments on the principal. No mort- 
gage shall run for more than forty years nor less than five. 

119. The Federal Trade Commission. — In 1914 Congress cre- 
ated a Federal Trade Commission composed of five commission- 
ers, who are appointed by the President and Senate. Not more 
than three of the commissioners may be of the same polit- 
ical party. The salary of each commissioner is $10,000 a year. 

The powers of the commission are twofold. First, it is em- 
powered to prevent persons, partnerships, or corporations, ex- 
cept banks and common carriers {e.g., railroads), i from using 
unfair methods of competition in commerce among the States 
or with foreign nations. In perforniing this duty the Commis- 
sion has access to the books and documents of a commercial 
firm whenever there is reason to believe that such a concern is 
using unfair methods of competition. If any irregularity is 
discovered the Commission may order the concern to cease 
using such unfair methods. 

The second power of the Commission is to gather and com- 
pile information from such commercial corporations as are 
under its control and "require them to furnish the Commission 

1 Federal banks are under the control of the Federal Reserve Board and the 
Comptroller of the Currency. Common carriers are under the control of the 
Interstate Commerce Commission. 



188 BOARDS AND COMMISSIONS [§120 

with detailed reports of their transactions. It also makes inves- 
tigations for the Attorney-General, the President, or Congress, 
concerning violations of the anti-trust laws ; it classifies corpora- 
tions and makes rules and regulations to assist the commission 
in the performance of its duties ; it investigates trade condi- 
tions in and with foreign countries ; and it submits to Congress 
recommendations for additional legislation. 

As an illustration of the Commission's investigation of trade 
conditions, it has just investigated how manufacturers of Eu- 
ropean countries combine in order to capture foreign trade. 
As a result of this investigation it was found that manufacturers 
of these countries form selling agencies which send represen- 
tatives to foreign countries to advertise and to obtain orders. 
The orders are distributed among the manufacturers in propor- 
tion to the amount paid toward the maintenance of the agency. 
By thus cooperating, orders can be obtained on a large scale at 
much less cost than if each manufacturer attempted to main- 
tain his own agents in foreign countries. 

120. United States Shipping Board. — In 1916 Congress es- 
tablished the United States Shipping Board. This board con- 
sists of five commissioners appointed by the President and 
Senate for terms of six years, and each member receives a 
salary of $7500 per annum. 

The board has three general lines of duty : 

(1) It investigates and reports to Congress means by which 
American shipping can be developed. 

(2) It regulates carriers by water engaged in the foreign and 
interstate commerce of the United States. For instance, it 
prevents discriminatory rates ; and it sees that no " fighting 
ships " (ships run at a loss to destroy a competitor) are 
operated for the purpose of driving a competing line out of 
business. 

(3) It has authority, with the approval of the President, to 
charter, lease, purchase, or have constructed vessels suitable 
for commerce and for naval and military purposes. These ships 
may be rechartered, re-leased, or resold to American citizens 



§ 120] THE UNITED STATES TARIFF COMMISSION 189 

under such conditions as the board prescribes.^ For example, 
the President may at any time make use of these vessels for 
naval and military purposes by compensating the persons who 
hold them. 

For the purpose of carrying into effect this shipping program, 
the board may issue United States bonds to an amount not 
exceeding $50,000,000. 




Copyright, Underwood & Underwood, N. Y. 
The Library of Congress, Washington, D. C. 
It has the most beautiful interior of any American building. 

The United States Tariif Commission. — In 1916 the United 
States Tariff Commission was established by Congress. It is 
composed of six members, not more than three of whom shall 

ijf these vessels cannot be rechartered, re-leased, or resold the board may 
form corporations, in which the United States must take a majority of the 
capital stock, to operate these or other vessels. The total stock of such cor- 
porations may not exceed $50,000,000 and the corporations will cease to exist 
five years after the end of the European War. 



190 BOARDS AND COMMISSIONS [§ 120 

be of the same political party, appointed by the President and 
Senate for terms of twelve years. Each member receives a 
salary of $7500 per annum. 

The commission is given wide powers to investigate the 
administration and financial and industrial effects of the cus- 
toms laws of the United States, various tariff relations between 
the United States and foreign countries, and international 
tariff agreements in Europe. This information is collected for 
the benefit of the President, the Ways and Means Committee 
of the House, and the Finance Committee of the Senate in 
order that Congress may legislate more wisely upon the tariff 
problem, and thus remove it as far as possible from politics. 

Other Institutions Administered by Executive Officials. — The 
following institutions are administered by executive officials 
independently of the ten administrative departments or of 
the eight boards and commissions just described : Government 
Printing Oftice, Library of Congress,^ Smithsonian Institution, 
National Museum, and International Bureau of American 
Eepublics. 

\ Bibliography 

DoDD, W. F. Government of the District of Columbia. 1909. 
Fairlie, J. A. The National Administration of the United States 

of America. 1905. 
Haskin, F. J. The American Government. 1912. 
The Congressional Directory. 

Annual Report of the United States Civil Service Commission. 
Proceedings of the National Civil Service Reform League. 

1 Subordinate to the Librarian of Congress is tbe Register of Copyrights, 
whose oflSce is in the Library of Congress building in Washington. When a 
book is published the notice of copyright should be printed on the title page 
or the page following. Promptly after publication two copies of the best 
edition must be sent to the register with an application for registration 
and a money order for one dollar payable to the Register of Copyrights. 
Application forms will be furnished upon request. For a work of art a photo- 
graph is sent. For photographs the fee is only 50 cents if a certificate of 
registration is not desired ; for anything else the fee is one dollar. Only one 
copy of lectures and dramatic or musical compositions not to be published need 
be sent. (See Sec. 47.) 






QUESTIONS 191 

Questions on the Text 

1. Why have boards and commissions been created independent 
of administrative departments V 

2. By whom is the District of Columbia administered? Who 
legislates for the district ? Do the inhabitants of the district have 
any right of suffrage ? 

3. About how many employees of the United States secure their 
employment through competitive examinations? 

4. What is the spoils system f 

5. When was the Civil Service Commission created? Composed 
of how many members ? By whom appointed ? 

6. What are the duties of the Civil Service Commission ? Through 
what local agents do they conduct examinations? 

7. What are the more important civil service rules ? 

8. May civil service employees be dismissed? 

9. When was the Interstate Commerce Commission created ? Of 
how many members does it consist? By whom are they appointed? 
What are the duties of the commission ? 

10. When the commission discovers that a corporation has vio- 
lated a law to what United States officer is the fact reported ? 

11. When was the Federal Reserve Act passed? How many 
federal reserve banks are thei-e ? Where is the one nearest you ? 

12. From whom do the federal reserve banks receive deposits? 
AYhen they lend money to member banks, what security must be 
given ? 

13. What banks are members of a federal reserve bank? How 
may a bank become a member ? 

14. When was the Federal Farm Loan Board created? How many 
federal farm loan banks are there? How do they differ from the 
federal reserve banks ? 

15. What is the Federal Trade Commission ? When was it created ? 
Of how many members is it composed ? By whom are they appointed ? 
What are the duties of the commission ? 

16. What are the duties of the United States Shipping Board? 

17. What are the duties of the United States Tariff Commis- 
sion? 

18. Xame some institutions administered independently of the 
administrative departments, boards, and commissions just described. 

19. How may a copyright be obtained? 



192 BOARDS AND COMMISSIONS 

Questions for Discussion 

1. The District of Columbia is perhaps the only civilized capital 
in the world whose inhabitants have absolutely no rights of suffrage? 
yet Washington is well governed. Do you consider that Congress 
acted wisely in depriving the inhabitants of suffrage? 

2. In our civil service should promotion be based upon length of 
service, efficiency of service, or examination ? 

3. Each State has a commission to regulate railroads within its 
own borders. The Interstate Commerce Commission regulates rail- 
roads extending from one State into another. Would you favor the 
control of all railroads by the Interstate Commerce Commission alone ? 

4. Should the Trade Commission have power to permit agreements 
in restraint of trade if it thinks such agreements beneficial to the 
public ? 

5. Of what federal reserve bank are the National banks in your 
town members? 

6. How will the Federal Reserve Act of 1913 prevent "panics" 
like that of 1907, which resulted from a scarcity or rather hoarding 
of money? 

7. How much money would be necessary to establish a member 
National bank in your town or city? 



CHAPTER XIV 

THE JUDICIAL DEPARTMENT 

121. The System of Federal Courts. — The Constitution de- 
clares that the judicial power of the United States shall be 
vested in one Supreme Court and in such inferior courts as 
Congress may from time to time ordain and establish. Con- 
gress has established, and later abolished, various inferior 
courts, but at present the following federal courts exist : 

Regular Courts 

One Supreme Court 

Mne Circuit Courts of Appeals 

Eighty-one District Courts 

Special Courts 

One Court of Claims 

One Court of Customs Appeals 

122. The Jurisdiction^ of Federal Courts. — Cases are tried 
by federal courts either because of the character of the subject 
matter of the suit or because of the character of the parties to 
the suit. Depending upon the subject matter of the suit, the fol- 
lowing cases may be tried in federal courts : (1) cases in law or 
equity ^ arising under the Constitution or statutes of the United 
States, or treaties made under their authority ; (2) cases of 
admiralty and maritime ^ jurisdiction. Depending upon the 

i Jurisdiction means the legal right to hear and determine cases. A court 
is said to have jurisdiction over those cases which it has authority to try. 

2 For meaning of " equity," see Sec. 182, note. 

3 For meaning of "admiralty and maritime," see U. S. Constitution, Art 
III, Sec, 2, note. 

193 



194 



THE JUDICIAL DEPARTMENT 



[§ 123 



parties to the suit, the following cases may be tried iii 
federal courts : (1) cases affecting ambassadors, other public 
ministers, and consuls ; (2) controversies to which the United 
States is a party ; (3) controversies between two or more 
States ; (4) controversies between a State and citizens of an- 
other State ; ^ (5) controversies between citizens of different 



Scranton* 
Williamsport* 
PENNS^YLVAN 1 A 

Sunbury • 



'Pittsburgh 



Harrisburg* 



JUDICIAL DISTRICTS OF THE 
THIRD JUDICIAL CIRCUIT 

This circuit includes the states of Delaware, New Jersey, and 
Pennsylvania and is divided info five districts known as the Dis- 
trict of Delaware, District of New Jersey, and Eastern, Middle, 
and Western Districts of Pennsylvania. 




States ; and (6) controversies between a State, or citizens 
thereof, and foreign states, citizens or subjects. 

123. Regular Courts. — In order to show the proper relation 
of the different regular courts and how cases may be appealed 
from the lowest to the highest, the District Courts will be dis- 



1 In 1793 in the case of Chisliolm vs. Georgia the Supreme Court construed 
this passage to mean that an individual may sue a iState without the consent 
of the latter. The States had not so understood this clause, and immediately 
the Eleventh Amendment was added to the Constitution, which provides that 
a State may not be sued in a federal coui*t by citizens of another State. How- 
ever, a State may still bring suit in a federal court against a citizen of another 
State or against an alien. 



§ 123] REGULAR COURTS 195 

cussed first, the Circuit Courts of Appeals second, and third the 
Supreme Court, which is the highest court, or the court of final 
jurisdiction. 

Tlie District Courts. — The lowest regular federal courts are 
known as District Courts. There are eighty-one districts in 
forty-eight States, each State forming at least one district.^ 
As a rule there is one judge for each district, but in several 
States where there are few federal cases to be tried there is 
but one judge for two districts, whereas a few important dis- 
tricts require more than one judge each.^ There are ninety- 
odd judges for eighty-one districts ; and inasmuch as district 
court cases are conducted by a single judge, several cases can 
be heard at the same time where there are several judges for 
one district. 

A District Court has original jurisdiction^ of all civil and 
criminal cases which come under the jurisdiction of the federal 
courts,* except cases between two States, suits involving rep- 



1 Pennsylvania, for example, forms three districts — Eastern, Middle, and 
Western. The two judges of the Eastern District liold court in Philadelphia; 
the one of the Middle District holds court at Harrisburg, Sunbury, Williams- 
port, and Scranton ; and the two of the Western District hold court at Pitts- 
burgh and at Erie. 

2 The Northern and Southern districts of Mississippi have but one judge, 
whereas the Southern District of New York has four judges. 

3 By " original jurisdiction " of a District Court is meant that a case is first 
brought in that court. 

4 The District Court has jurisdiction of (1) all civil suits brought by the 
United States or one of its oiiicers authorized to sue ; (2) cases arising under 
the Constitution, statutes, or treaties of the United States where the sum or 
value in controversy exceeds $3000; (3) cases between citizens of different 
States, or between a citizen of a State and a foreign state or citizen thereof, 
where the sum or value in controversy exceeds $3000 ; (4) all crimes and 
offences recognized by the laws of the United States ; (5) admiralty and mari- 
time cases; (6) revenue cases, except tariff classifications which come before 
the Court of Customs Appeals ; (7) postal cases ; (8) all suits arising under 
the patent, copyright, and trade-mark laws ; (9) suits arising under the federal 
laws regulating commerce ; (10) damage suits brought by an officer against 
a person injuring him while protecting or collecting revenues of the United 
States ; (11) suits against consuls and vice-consuls ; (12) proceedings in bank- 
ruptcy ; (13) claims not exceeding $10,000 against the United States (concur- 



196 THE JUDICIAL DEPARTMENT [§ 123 

resentatives of foreign governments, customs cases, and claims 
against the United States. In most cases appeals may be 
taken from the decision of a District Court to a Circuit Court 
of Appeals, but in a few cases may be taken directly to the 
Supreme Court.i 

Tlie Circuit Courts of Appeals. — In 1891 there were nine 
Circuit Courts of Appeals ^ established to relieve the Supreme 
Court of a large class of cases appealed from the District Courts.^ 
These cases had become too numerous for one court to hear, 
and as a result the Supreme Court was then about three years 
in arrears with its business. 

The judges for each Circuit Court of Appeals include one 
justice of the Supreme Court assigned to the circuit, two or more 
circuit judges appointed for the circuit,"^ and all the district 
judges within the circuit. The Supreme ('ourt justice super- 
vises his circuit, but seldom finds time to sit in the court. 
Normally the court is held by three regular circuit judges, but 
any district judge within the circuit may be assigned to sit on 

rent jurisdiction with Court of Claims) ; (14) immigration and contract labor 
cases ; (15) suits against monopolies (trusts) ; (16) suits brought by any person 
to redress the deprivation of any right, privilege, or immunity secured by the 
Constitution or statutes of the United States. But note that if the sum or 
value involved in cases enumerated under (2) and Q^) is less than $3000 the 
action must be brought in a State court. 

1 Appeals may be taken directly to the Supreme Court (1) when the juris- 
diction of the court is at issue; (2) when a federal law or treaty or a State 
law is claimed to be repugnant to the Constitution of the United States; 
(3) cases growing out of prizes captured at sea ; and (4) certain kinds of 
injunctions. The first and second classes of cases referred to are allowed to 
go directly because they are practically sure to reach the Supreme Court 
sooner or later. The third class goes directly because there is great danger of 
complications with foreign nations. The fourth class goes directly because 
of the urgent need for an immediate final decision. 

2 Previous to the establishment of the Circuit Courts of Appeals there 
existed nine Circuit Courts, but these courts have since been abolished (1909) 
and their jurisdiction transferred to the District Courts and to the Court of 
Customs Appeals. 

3 The First Circuit comprises Rhode Island, Massachusetts, New Hampshire, 
and Maine. The judges hold court at least once a year at Boston. 

4 There are now thirty-nine circuit judges. 



123] 



KEGULAR COURTS 



197 



any case except those which have been appealed from his own 
district. 

These Circuit Courts of Appeals have no original jurisdiction, 
but hear all cases appealed from the District Courts except the 
special classes of cases which may be appealed directly to the 
Supreme Court of the United States. These courts have final 
jurisdiction! in some classes of cases, while in others appeals 
may be taken to the Supreme Court of the United States. 




JUDICIAL 
CIRCUITS OF THE 
UNITED STATES 



The Supreme Coui^t is composed of one Chief Justice and 
eight associate justices. It sits in the Capitol at Washington 
from October to May of each year, and has both original and 
appellate jurisdiction. Suits between States and cases in 
which ambassadors, other public ministers, and consuls are 
parties originate in this court. Such cases are few, but very im- 
portant, because States have tempers differing from individuals, 
and the failure to handle with care cases involving foreign 
diplomats might involve the United States in war. Nearly all 
of its cases are appealed from inferior courts, i.e. from the 



1 By " final jurisdiction " is meant that a case may not be appealed to any 
higher court. 



198 



THE JUDICIAL DEPARTMENT 



[§123 



District Courts, the Circuit Courts of Appeals, the Court of 
Customs Appeals, the Court of Claims, and the highest court 
of each State, the District of Columbia, and a territory or island 
possession. 

The most important duty of the Supreme Court is to give a 
final interpretation to the Constitution of the United States. 



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Copyright, Underwood & Underwood, N. Y. 
The United States Supreme Court Room. 

This view shows the court attendants, counsel, and visitors awaiting the 
arrival of the judges. 

Whenever any person thinks that a clause of the Constitution 
has been violated by a law of Congress, a treaty, a provision 
of a State constitution, or a State statute, he can raise the 
question in any State or federal court from the local justice of 
the peace to the highest judge, and may appeal until he obtains" 
the final opinion of the Supreme Court of the United States. 
Concurrent Jurisdiction. Congress gives federal and State 
courts concurrent jurisdiction in many cases, that is, it permits 
certain cases to be tried either in a federal court or in a State 



§ 124] SPECIAL COURTS 199 

court. Often a federal question and a State question are 
included in the same controversy. Owing to the dif6.culty and 
expense of dividing a case for separate trials indifferent courts, 
both State and federal questions are decided in the federal 
court, or in some cases both questions may be tried in a State 
court. But if a plaintiffs brings a suit in a State court, over 
which the United States District Courts are given jurisdiction, 
the defendant ^ may have it transferred to the District Court. 

124. Special Courts. — There are two special federal courts, 
the Court of Claims and the Court of Customs Appeals. The 
former was established as a sort of investigating commission 
to advise Congress concerning claims against the United States 
government, and the latter to insure a uniform interpretation 
of technical tariff laws. 

Tlie Court of Claims. — The Court of Claims, established 
in 1855, consists of live judges who sit in Washington. It is a 
well-established principle of public law that a sovereign state 
cannot be sued against its will, and before the establishment 
of this court a person having claims against the United States 
government could get no redress except by an act of Congress. 

Now the government allows itself to be sued in this court on 
all claims, except pensions and certain " war claims," founded 
upon the Constitution of the United States or any laws of 
Congress, or upon any regulation of an administrative depart- 
ment, or upon any contract, expressed or implied, with the 
government of the United States, but it will not permit itself 
to be sued for the wrongful acts of its officers. 

The awards of this court, unlike those of all other courts, 
cannot be paid until Congress appropriates the money to pay 
them. Upon the first day of each regular session of Congress 
the findings of the court for the year are sent to Congress, and 
the money is appropriated almost as a matter of course. 

The attorneys of the United States may appeal any case 

1 A "plaintiff " is the person who commences a suit in law against another. 

2 A " defendant " is a person accused or summoned into court who defends 
himself against the charge. 



200 THE JUDICIAL DEPARTMENT [§ 125 

decided against the government from this court to the Su- 
preme Court, and the plaintiff may appeal if the amount in 
controversy exceeds $3000. 

Congress or any administrative department may refer claims 
to this court. The court will investigate the claims and report 
to Congress or to the department whether they ought to be 
paid. For instance, Congress will refer " war claims " which 
cannot be sued for in the courts ; or a department will wish 
an opinion of the court which will enable it to settle claims in 
a practical and amicable way without the necessity of suit. 
No court other than the Court of Claims will give an opinion 
unless suit is actually brought. 

Tfie Court of Custoyns Appeals. — The Court of Customs 
Appeals was established by the tariff law of 1909 and is 
composed of five judges who sit in Washington or at any 
other convenient place. Most of its cases arise in New York 
City, as its jurisdiction extends only to tariff cases concerning 
the classification of merchandise and the rates of duty imposed 
thereon.^ 

The Court of Customs Appeals has such questions as the 
following to decide : Does the term " Corinthian Currants " 
mean currants grown and cured in the locality of Corinth, or 
does it mean all currants like those grown there ? This is im- 
portant, because upon " Corinthian Currants " is paid a differ- 
ent tariff duty from that paid upon other currants. Also, does 
" manufactured furs " include fur skins whose holes have been 
sewed ? This was decided affirmatively, hence the same rate 
had to be paid upon them as upon furs manufactured into gar- 
ments. Upon these matters the decisions of this court are 
final. If a constitutional question is raised an appeal may be 
taken directly to the Supreme Court. 

125. Judges. — All federal judges are appointed by the 
President of the United States and confirmed by the Senate. 



1 All cases coming under the jurisdiction of this court are appealed from 
the Boai-d of General Appraisers. 



§ 126] COURT OFFICIALS ' 201 

The salaries of these judges vary from $6000 to $15,000 a 
year, and they hold their ottice during good behavior,^ which 
means that they cannot be removed except through impeach- 
ment by Congress. However, removal by impeachment has 
occurred only three times.- 

At the age of seventy any federal judge may retire on full 
salary, provided he has served for ten years. 

As all federal courts, except the Supreme Court, are mere 
creations of Congress, they may be abolished by Congress at 
any time. In 1911 nine Circuit Courts were abolished but the 
judges were retained for service in the Circuit Courts of 
Appeals, the Court of Customs Appeals, and the Commerce 
Court. In 1913 the Commerce Court, which had been created 
a few years before, was abolished, but its judges were made 
" circuit " judges of the Circuit Courts of Appeals.^ 

126. Court Officials. — District Attorneys are appointed by 
the President and Senate for a term of four years. There is 
usually one attorney for each judicial district. It is the attor- 
ney's duty to bring suit against all persons violating the 
federal laws within the district, and to prosecute them ^- in 
short, to represent the Federal Government in any case arising 
within the district to which the government is a ]3arty. 

In addition to these district attorneys there are numerous 
attorneys assigned to special classes of cases — e.^., anti-trust, 
claims, and customs attorneys. 

United States Marshals are appointed in the same manner as 

1 Judges for the territories and island possessions are appointed for only- 
four years. 

2 Judge Pickering of the District Court for New Hampshire was re- 
moved for drunkenness in 1803; Judge Humphreys of a Tennessee District 
Court, for disloyalty in 1862 ; and Judge Archbald of the Commerce Court, for 
improper business relations with persons having cases in court in 1913. Three 
other judges have been impeached by the House but acquitted by the Senate, 
the most famous one of whom was Associate Justice Chase of the Supreme 
Court, who was accused of expressing himself too freely in regard to politics. 

3 Inasmuch as federal judges are appointed to hold their offices during good 
behavior, President Wilson felt that judges could not be deprived of office 
by the abolition of a certain court, but should be transferred to other courts. 



202 



THE JUDICIAL DEPARTMENT 



[§126 



the district attorneys, one for eacli district. It is the mar- 
shal's ^ duty to make arrests and execute various court orders. 
If he meets with resistance in the performance of his duties, 
he may call upon the citizens for assistance ; and if necessary, 
the President will send United States troops to assist him. 

In the appointment of district attorneys and marshals the 
President consults with the Attorney-General, as the latter 
officer exercises general supervision over them. 

Clerks are appointed by the courts, each court appointing 
one. The clerk has custody of the seal of the court and keeps 
a record of its proceedings, orders, judgments, etc. 

District Court Commissioners are appointed in sufficient 
number by each district court. A commissioner issues war- 
rants of arrest on criminal proceedings, takes bail, and inquires 
whether there is probable cause to hold the accused to answer 
to the charge in court.^ 

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1 A United States marshal bears the same relation to the federal court that 
a sheriff hears to the State court. 

2 A federal district court commissioner discharges for the United States 
government such functions as are performed for a State government by a 
justice of the peace. 

3 The Chief Justice receives $500 extra. 



QUESTIONS 208 



Bibliography 

Baldwin, Simeon E. The American Judiciary. (American State 

Series.) 1905. 
The Judicial Code of the United States. Washington. 1913. 

Questions on the Text 

1. Name the regular courts of the United States. The special 
courts. 

2. The federal courts have jurisdiction of what two classes of 
cases because of the character of the subject matter? Of what six 
classes because of the character of the parties ? 

3. How many District Courts are there and how many judges for 
each court ? 

4. The District Courts have jurisdiction of what kind of cases? 

5. To what higher courts may appeals be taken from the District 
Courts ? 

6. How many Circuit Courts of Appeals are there ? Who super- 
vises each of the circuits ? 

7. How many judges has each of the Circuit Courts of Appeals? 

8. From what court are cases appealed to the Circuit Courts of 
Appeals ? To what court are certain cases appealed from them ? 

9. Of how many judges does the Supreme Court of the United 
States consist? When and where does the court wsit? 

10.. From what courts are cases appealed to the Supreme Court 
of the United States? 

11. In what two classes of cases does the Supreme Court have 
original jurisdiction ? 

12. May a question involving the interpretation of the Constitution 
of the United States be taken to the Supreme Court? 

13. Of how many judges does the Court of Appeals consist? 
What cases are decided by this court? In what respect does the 
Court of Claims differ from all other courts? 

14. Of how many judges does the Court of Customs Appeals con- 
sist? Where does it sit ? Of what cases does it have jurisdiction? 

15. Who appoints all federal judges? For what term? How may 
they be removed? Under what condition may they retire on full 
salary ? 

16. May Congress abolish federal courts ? 



204 ' THE JUDICIAL DEPARTMENT 

17. What is the duty of district attorneys? By whom are they 
appointed ? 

18. What is the duty of the United States marshals? 

19. W^hat is the duty of court clerks? By whom are they 
appointed ? 

20. What are the duties of district court commissioners? By 
whom are they appointed ? 

Questions for Discussion 

1. A woman attempted to pass a fifty-dollar note at Ginibel's store 
in New York City, but the clerk detected something peculiar about 
it. The floor detective discovered it to be a twenty-dollar bill with each 
figure two changed to five. The woman was arrested on the charge 
of attempting to pass counterfeit money. She was believed to be a 
" shover " for a band of counterfeiters. In what court was she tried ? 

2. At a "port of entry " along the Canadian border frog legs were 
appraised as dressed poultry, there being a tariff duty on poultry but 
not on frogs. Naturally the importer was dissatisfied with the 
decision of the appraiser. To what court could he carry the case? 

3. The penalty for defacing a letter box is a fine not exceeding one 
thousand dollars or imprisonment for not more than three years, or 
both. In what court would a party accused of this offence be tried? 

4. If Virginia should pass a law prohibiting farm hands from 
working more than six hours a day, the law would be unconstitutional. 
However, if a sheriff or constable should arrest a farmer for violating 
the State law and bring him before a justice of the peace for trial, he 
could claim that the law is unreasonable and contrary to the Four- 
teenth Amendment of the Constitution of the United States. If the 
lower courts should decide against the contention how high could the 
farmer appeal the case? 

5. In 1913 the legislature of California passed the alien land bill, 
which provided that only those persons eligible to citizenship might 
own land in that State. Japan claimed that this provision violated 
a treaty between the United States and Japan. President W^ilson 

'suggested that Japan sue the State of California. If the treaty was 
violated the California law was void, as a treaty is the supreme law of 
the land. In what court could the state of Japan bring suit ? 

6. When the Chicago Canal was dug, connecting Lake Michigan 
with the Illinois River, the sewage of Chicago was emptied into this 



QUESTIONS 205 

Canal. The outlet of the Canal is through the Illinois River into the 
Mississippi. St. Louis obtains its drinking water from the Mississippi ; 
hence the State of Missouri sued the State of Illinois, demanding that 
Chicago be prohibited from polluting the accustomed supply of water 
of St. Louis. The counsel for Illinois had several hundred barrels of 
harmless bacteria emptied into the stream at Chicago and found that 
none survived until the water reached St. Louis. In what court did 
Missouri lose the suit ? 

7. The United States built a dam across a river in South Carolina 
to aid navigation, and thereby destroyed the value of rice lands. 
Mr. Hayward, the owner, claimed damages and won the suit. In 
what court? 

8. During the Civil War some colored Union soldiers destroyed a 
home in Alabama which they had been sent to protect. After the 
war a congressman from Alabama asked Congress to pay the owner 
for the loss of his property. Congress referred the matter to the 
proper court, which decided that there was no legal claim against the 
United States, only against the soldiers, but recommended the ap- 
propriation of $17,500 as an honorable obligation upon the prin- 
ciples of right and justice. To what court was the matter referred? 



CHAPTER XV 

CIVIL RIGHTS 

127. Civil Rights Defined. — The civil rights of an individual 
are all the legal rights he has except the right to vote and to 
hold office, which two rights are known as political rights. An 
individual has a right to do anything which is not prohibited 
by the laws of the land ; but inasmuch as the laws of the land 
are continually changing, the individual's rights are also con- 
tinually changing. 

However, there has always existed a feeling that one should 
not be deprived of certain rights without exceptional considera- 
tion. These more precious rights are listed in the Constitution 
of the United States and in the constitutions of the States, and 
are therefore beyond the control of C'ongress and the State 
legislatures. (See Sec. 159.) 

128. Civil Rights Beyond the Control of Congress and the 
States. — The Constitution of the United States provides that 
neither the United States nor the States may 

(1) Deprive any person of the right to be free. (Amend. 
XIII.) 

(2) Punish any person by a bill of attainder or ex post facto 
law. (Art. I, Sees. 9 and 10.) A bill of attainder is a legislative 
act which inflicts punishment without a judicial trial. An ex 
post facto laiu is a law that makes criminal an act which was 
innocent when done, or an ex post facto law is a law which 
operates to the detriment of one accused of a crime committed 
prior to the enactment of such law. It applies to criminal 
cases only. 

206 



§ 128] CIVIL RIGHTS 207 

(3) Deprive any person of life, liberty,^ or property ,2 with- 
out due process of law. (Amend. V and Amend. XIV.) Due 
process of law means a legal procedure which hears before it 
condemns and which renders judgment only after a fair trial. 
For instance, to deprive a person of his life, liberty, or prop- 
erty without giving him and his witnesses a chance to testify 
in court would be to deprive him of his life, liberty, or property 
without due process of law, hence deprive him of his constitu- 
tional rights. 

Due process of law also means reasonable law. Therefore, if 
Congress or a State legislature enacts a law which, in the 
opinion of the United States Supreme Court, deprives a person 
of his life, liberty, or property unreasonably, such a law cannot 
be enforced. 

It is impossible for the court to enumerate all laws which it 
would declare reasonable, because what is reasonable under one 
set of circumstances may be unreasonable under another. This 
can be illustrated by the three following decisions of the Su- 
preme Court of the United States : 

(1) It is reasonable for Utah to prohibit coal miners from 
working more than eight hours a day, because working long 
hours in mines is injurious to health. 

(2) It is reasonable for Oregon to prohibit women from 
working in factories or laundries more than ten hours a day, 
because woman is the mother of the family and the gen- 
eral welfare of the race depends in an especial manner upon 
her physical condition. 

(3) It is unreasonable for New York to restrict bakers to a 
ten-hour working day, because the court does not consider 
working in a bakery to be especially injurious to the health ; 
hence it is unreasonable to interfere with the baker's liberty to 



1 Liberty means not only the right of freedom from imprisonment, but the 
right of one to use his faculties in all lawful ways, and to pursue any lawful 
trade or diversion. 

2 Property means more than mere physical property. It includes stocks, 
bonds, good will, professional knowledge, and the income therefrom. 



208 CIVIL RIGHTS [§ 129 

contract with liis employer to work a greater number of hours. 
In other words, a person has a right to enter into any contracts 
which are consistent with the general Avelfare. To deprive 
him of this is to deprive him of his liberty unreasonably, hence 
contrary to the rights guaranteed in the Fifth and the Four- 
teenth Amendments. 

By going through the decisions of the Supreme Court inter- 
preting the Fifth or Fourteenth Amendment ^ we can get some 
idea as to whether or not the court will consider that a certain 
law deprives one unreasonably of life, liberty, or property ; but 
we cannot be certain that an Act passed by Congress or a State 
legislature is a good, valid law until the Supreme Court of the 
United States has upheld the law after hearing an actual case 
in which the constitutionality of the law was questioned.^ 

129. Civil Rights Beyond the Control of Congress. — The iirst 
ten amendments to the Constitution of the United States are 

1 Within tlie last decade the Supreme Court has delivered nearly four 
hundred opinions interpreting the "due process clause" of the Fourteenth 
Amendment. Fifty of these decisions declared State laws unconstitutional. 
For example, a State legislature enacted a law requiring railroads to carry 
passengers within the State at two cents a mile. The railroads showed that 
they would lose money carrying passengers at this rate, and the Supreme 
Court declared the law unconstitutional because its enforcement would he 
taking property unreasonably — " without due process of law." 

Among the other three hundred and fifty laws which were tested in the 
Supreme Court but held to be constitutional were the following: (1) A 
Boston ordinance prohibiting the holding of meetings on the Boston Common. 
(2) A woman was denied the privilege of practicing law in Virginia courts be- 
cause of her sex. (3) Tennessee prohibited the sale of cigarettes. (4) A 
Boston ordinance restricted the height of buildings. (5) Texas compelled 
railroads to cut wild (Johnson) grass from their right of way. (6) Massachu- 
setts compelled people to be vaccinated. 

2 Courts will not tell one whether a certain Act will be lawful. The court 
never acts until an individual or corporation accuses another of breaking the 
law and brings an actual case for its decision. This practice is necessary for 
two reasons: First, a judge could not possibly foresee all of the effects of a 
certain legislative act. Second, when an actual case comes to court, attorneys 
collect the law and arguments for each side of the contention and the judge 
acts somewhat as a referee. If the judge did not have these arguments col- 
lected for him it would be necessary for him to investigate the law as well as 
decide it, and for this he has not the time. 



§ 130] CIVIL RIGHTS BEYOND THE CONTROL OF STATES 209 

known as the Bill of Rights because they contain so many 
guarantees of liberty that are set forth in the English Bill of 
Eights.^ These amendments restrict Congress alone. This 
fact cannot be too strongly emphasized, because most people 
think that these restrictions apply to the States as well as to 
the United States. Congress may not take away any of the 
liberties set forth in these amendments, but through legislation 
the States may deprive their citizens of many of these liberties 
without violating the Constitution of the United States. 

130. Civil Rights Beyond the Control of States. — The Consti- 
tution of the United States places upon the States three im- 
portant restrictions involving civil rights which it does not 
place upon Congress. 

(1) No State may pass any law impairing the obligation of 
contracts. (Art. I, Sec. 10.) This restriction means that a law 
enacted after a lawful contract has been made shall not affect 
the provisions of such contract. For example, Crowninshield 
of New York gave his note to Sturges of the same State on 
March 22, 1811. Shortly thereafter the State of New York 
passed a bankruptcy law^ under which Crowninshield became 
a bankrupt. Paying Sturges a certain per cent of the debt, 
Crowninshield claimed that he was exempt from payment of 
the remainder. Application of this bankruptcy law of New 
York State to debts contracted before its passage was declared 
unconstitutional by the Supreme Court of the United States as 
impairing obligations of contract. 

(2) JSfo State may make anything but gold and silver coin a 
tender in payment of debts. (Art. I, Sec. 10.) This restriction 
means that no State may enact a law requiring a creditor to 
accept anything but gold or silver when tendered in payment 
of a debt. 



1 The English Bill of Rights is au act of Parliament enumerating various 
liberties guaranteed to the subjects to which King William assented in 1688. 

2 For meaning of " bankruptcy law " see U. S. Constitution, Art. I, Sec. 8, 
note. 



210 CIVIL RIGHTS [§ 131 

(3) No State may deny to any person within its jurisdiction the 
equal protection of its laws} (Amend. XIV.) This means that 
no State may enact laws which discriminate unreasonably 
between persons or classes of persons. For instance, Illinois 
could not prohibit all combinations to fix prices or restrict 
competition " except farmers and stock raisers." A State 
could not require railroads " alone " to pay court costs when 
defeated in- a suit. In 1914 Arizona provided that any com- 
pany or individual that employs more than five persons must 
employ not less than 80 per cent qualified voters or native- 
born citizens of the United States. This law was declared 
unconstitutional because its enforcement Avould have discrimi- 
nated against aliens and thus would have deprived them of the 
equal protection of the State's laws. 

131. Civil Rights Beyond the Control of State Legislatures. — 
Each State constitution contains a Bill of Eights placing 
restrictions upon the State legislature just as the Bill of 
Rights in the Constitution of the United States places restric- 
tions upon Congress. The Bills of Eights of State constitu- 
tions contain such provisions as the following : guarantee of 
trial by jury, religious freedom, freedom of the press, writ of 
habeas corpus ; prohibition of excessive bail, excessive fines, 
cruel and unusual punishment ; . and the guarantee that no 
person shall be deprived of life, liberty, or property without 
due process of law. 

132. Religious Liberty. — Congress may not make any law 
respecting the establishment of a religion, nor may it interfere 
with the freedom of religious worship. (Amend. I.) The 
Constitution of Virginia provides that "all men are equally 
entitled to the free exercise of religion, according to the 
dictates of conscience." (Art. I, Sec. 16.) However, "Holy 

1 Though this equal protection of the laivs clause is a restriction upon the 
States only, a law of Congress depriving persons of equal protection might be 
declared unconstitutional as being in conflict with Amendment V, which pro- 
hibits Congress from depriving any person of life, liberty, or property with- 
out due process of law. 



§ 134] THE RIGHT TO ASSEMBLE AND TO PETITION 211 

Rollers " may not conduct their worship in such a manner as to 
disturb the peace of a neighborhood ; Mormons may not marry 
two wives ; and Christian Scientists may not deny medical 
attention to their children. A person may believe whatever 
he pleases, but in the name of religious liberty he must not 
violate a statute enacted for the general welfare of society. 

133. The Freedom of Speech and of the Press. — Congress can 
make no law abridging the freedom of speech and of the press 
(Amend. I) ; and the Constitution of Virginia provides that 
" any citizen may freely speak, write, and publish his senti- 
ments on all subjects, being responsible for the use of that 
right." (Art. I, Sec. 12.) 

A person has the right to speak or publish what he chooses 
so long as he does not violate a statute law, injure some one's 
reputation or business, or violate public morality. Officers of 
government and candidates for office may be criticised if the 
critic speaks of what he knows or believes, has only the public 
interest in view, and speaks without malice. 

To illustrate, if John Smith is a candidate for the city 
treasurership one could publish the fact that he had stolen 
city funds in New York back in the sixties when the Tweed 
Ring governed the city. But publishing the same fact against 
Smith simply because one dislikes him would make such 
person subject to damage suit; or, if the publication results 
in a feud or a breach of the peace, such publication is also a 
crime ^ which the State can punish, and proof that the state- 
ment is true will be no defence. If a person has lived as a 
good citizen for a number of years he has a right not to have 
his past record made public by a person prompted by a 
spiteful or malicious motive. 

The prohibiting of addresses in public parks or thorough- 
fares and of profane language in certain places is not con- 
sidered an abridgment of freedom of speech. 

134. The Right to Assemble and to Petition. — Congress may 
not prevent any peaceable assembling or any governmental peti- 

1 For the meaning of " crime " see Section 183. 



212 CIVIL RIGHTS [§ 135 

tion, and a State may prevent neither a petition to the National 
Government nor a peaceful meeting for the purpose of prepar- 
ing a petition to the National Government, but a State may 
prescribe where and when meetings may be held. To illustrate, 
a State could not prevent the meeting of suffragists for the 
purpose of petitioning the National Government to propose a 
constitutional amendment extending suffrage to women ; but if 
street meetings interfere with trafiic the city authorities may 
require the suffragists to meet in halls or in the suburbs. 

135. The Writ of Habeas Corpus. — The Constitution of the 
United States (Art. I, Sec. 9) provides that " the privilege of 
the writ of habeas corpus shall not be suspended, unless when, 
in cases of rebellion or invasion, the public safety may require 
it." All State constitutions have similar provisions. This 
writ secures to any person who claims to be unlawfully detained 
the right to have an immediate preliminary hearing before a 
civil court that he may learn the reason for his detention. 

136. Inequalities Before the Law. — In theory all men are 
equal before the law ; in practice they are not. 

(1) A poor man cannot afford able lawyers " to outwit and 
baffle the judge and jury." If a poor man is accused of having 
committed a crime, and is tried, the State furnishes an attorney 
to defend him ; but the fee allowed is small and an able lawyer 
is seldom secured. When a poor man has to sue a man of 
means for civil damages he is often obliged to offer an attorney 
half the amount involved. 

(2) When a poor man is arrested he is often unable to give 
bail, and must remain in jail until his case is finally disposed 
of ; whereas a " well-to-do " man gives bail and is released to 
await trial. This condition can be remedied only by giving 
speedier justice, and by releasing on parole persons who have 
committed minor offences. 

(3) When a fine is imposed, the rich man pays the fine — 
perhaps with no inconvenience ; the poor man serves his time 
in jail. If the offence is petty why not give the poor man 
credit, release him, and allow him to pay the fine by instalments ? 



§ 136] INEQUALITIES BEFORE THE LAW 213 

(4) A rich man may appeal to the higher courts if the lower 
court decides against him and thus may drag out the case until 
the poor man is obliged to abandon his right for lack of lawyers' 
fees and court fees ; or if it is a criminal case the rich man 
can raise and contest one technical point after another until the 
prosecutors and judges are so worn out that they are glad to 
dismiss the case. Here again is a demand for speedier justice. 
And should not the State furnish free legal advice just as free 
medical advice is given in most cities ? If a poor man has not 
a good case he should know it ; if he has a good case should 
not the State get justice for him just as it would get justice 
for society by punishing him as a criminal if he were in the 
wrong ? 

Bibliography 

See Bibliography for Chapter YI. 

Questions on the Text 

1. What are civil rights ? What are political rights ? 

2. In what documents are the more precious civil rights preserved ? 

3. What three civil rights are beyond the control of Congress or 
the States ? 

4. What is a hill of attainder ? 

5. What is an ex post facto law ? 

6. Explain fully the meaning of "due process of law." Give 
one illustration of a law which would be contrary to " due process of 
law " because of improper procedure. Because of unreasonableness. 

7. Will courts consider a moot point of law, or must actual cases 
be brought before them before they will explain the law ? 

8. What is a Bill of Rights? Why are the first ten amendments 
to the Constitution of the United States known as the Bill of Rights ? 

9. Do these amendments restrict State legislatures or only Con- 
gress ? 

10. Amendment II provides that the right of the people to keep 
and bear arms shall not be infringed. Could your State legislature 
pass a law restricting the carrying of arms ? 

11. What three important civil-right restrictions are placed upon 
the States which are not imposed upon Congress? Illustrate. 



214 CIVIL RIGHTS 

12. State Bills of Rights commonly prohibit State legislatures 
from interfering with what rights of the people ? 

13. May a person believe whatever he pleases regarding religious 
matters ? May he do what he pleases, pretending his deeds to be a 
part of his religion ? 

14. May one person say what he chooses regarding another? May 
he publish it ? 

15. May the right to assemble and petition be denied? 

16. What is the privilege of the writ of habeas corpus ? Under what 
conditions may it be denied? 

17. In theory all men are equal before the law. Practically are 
they ? 

Questions for Discussion 

1. If the President's daughter should be slapped by a disreputable 
character while attending a session of Congress, the offender could 
not be sent to the penitentiary. Could Congress enact a law providing 
that he should be sent to the penitentiary for five years? 

2. Why could not the legislature of your State enact a law provid- 
ing that no farm hand may work more than five hours a day? 

3. If an inmate of an insane asylum claims to be sane how could 
he proceed to have himself released if the superintendent of the 
asylum would not permit him to leave? 

4. Mr. Dicey says, " Freedom of discussion is in England little else 
than the right to write or say anything which the jury, consisting of 
twelve shopkeepers, think it expedient should be said or written." 
Is this practically true in your State ? 

5. " We have learned that it is pent-up feelings that are dangerous, 
whispered purposes that are revolutionary, covert follies that warp and 
poison the mind; that the wisest thing to do with a fool is to encour- 
age him to hire a hall and discourse to his fellow citizens. Nothing 
chills folly like exposure to the air ; nothing dispels folly like its 
publication ; nothing so eases the machine as the safety valve." 
— Woodrow Wilson. Do you agree or disagree with Mr. Wilson ? 
Why? 

6. In 1798, after a series of most exasperating attacks upon the 
government. Congress passed the sedition act providing a "fine and 
imprisonment for anyone uttering or publishing false, scandalous and 
malicious statements against the government." A Jerseyman named 
Baldwin violated the sedition law and was fined |100 for expressing 



QUESTIONS 215 

the wish that the wad of a cannon discharged as a sahite to President 
Adams had hit the broadest part of the President's breeches. Again, 
Matthew Lyon, of Vermont, also violated this law while canvassing 
for reelection to Congress. He charged the President with " un- 
bounded thirst for ridiculous pomp, foolish adulation, and a selfish 
avarice." This expression cost Mr. Lyon four months in jail and 
a fine of $1000. Do you think this sedition law was unconstitutional? 
(Constitution, Amendment I.) 

7. In January, 1913, more than a thousand men and a thousand 
women marched to the Capitol to present to Congress, through Senator 
Sheppard of Texas and Representative Hobson of Alabama, a bill for 
the submission to the States of an amendment to the Constitution of 
the United States prohibiting the manufacture or sale of intoxicating 
liquors to be used as a beverage in the United States. Could the 
Washington police have compelled this assemblage to disband? 
(Constitution, Amendment I.) 

8. In 1913 Buffalo, New York, put 759 prisoners on probation, allow- 
ing them to pay by instalments their fines, amounting to a total of 
$12,500. The Juvenile Court of Cleveland imposes fines upon youth- 
ful gamblers, allowing them to pay these fines by instalments from 
their own earnings of the week. Tell why this method is better than 
having parents pay the fines of their children. 



CHAPTER XVI 



TERRITORIES AND FOREIGN POSSESSIONS 



^m 



o KAULA ""'i 



MOLOKAI<^ 
LANAI 
KAHOOLAWE 



SCALE OF MILES 



To_P_anj,„,„ 

-^ QrXMAUl 



iSsV,^'-'^^ 



HAWAlll^* 



Hawaii. 



137. Hawaii. — Upon the outbreak of hostilities with Spain 
in 1898 the value of island possessions as coaling stations and 
for other strategic purposes became very apparent. There- 
fore, the same year, the 
Hawaiian Republic, which 
had previously desired to 
become annexed to the 
United States, was ad- 
mitted as the Territory of 
Hawaii. 

The Hawaiian islands 
are in the mid-Pacilic be- 
tween California and the 
Philippine Islands, and have a total area of 6449 square 
miles. According to the United States Census of 1910 
their population was 191,909, of whom 38,547 were native 
Hawaiians, 21,674 Chinese, 79,674 Japanese, and the remainder 
Caucasians, including more than 10,000 Americans. Immi- 
gration from China, Japan, and Korea to Hawaii is now pro- 
hibited in the same manner that immigration from these coun- 
tries to the United States is prohibited ; but Filipino immigration 
is unrestricted, and in 1912 about 3000 Filipinos entered the 
Territory. 

In 1900 Congress framed laws for the government of Hawaii. 
These laAvs were very largely copied from those for the gov- 
ernment of Oklahoma, New Mexico, and Arizona, which were 
then territories of the United States and hence governed 

216 



§ 137] HAWAII 217 

according to the wishes of Congress.^ All of the provisions of 
the Constitution and laws of the United States, except where 
special exception was made or where they are locally inappli- 
cable, were extended to Hawaii. Under this government 
American citizenship was extended to all Hawaiian citizens 
and Hawaiian citizenship to all resident American citizens. 

The Hawaiian government is divided into three branches — 
the executive, the legislative, and the judicial. Members of 
both houses of the legislature are popularly elected, and be- 
cause of this fact Hawaii is known as d^ fully organized territory 
of the United States. 

The Chief Executive of the Territory of Hawaii is the governor. 
He is appointed by the President and Senate of the United 
States for a term of four years, and must be a citizen of the terri- 
tory. He, in turn, appoints the chief administrative officers with 
the advice and consent of the territorial senate, and exercises 
the usual powers of a governor, including the veto of bills 
in their entirety or of separate items in appropriation bills. 

The Legislature of the territory consists of a senate with 
fifteen members elected for the term of four years, and a 
house of representatives with thirty members elected for the 
term of two years. Eegular sessions of the legislature are 
held biennially and are limited to sixty days. The legislature 
may enact any law which does not conflict with the Constitu- 
tion, statutes, or treaties of the United States. Congress, how- 
ever, has by statutes imposed restrictions upon the power of 
the legislature, especially in regard to financial matters. 

Tlie Judiciary of the territory consists of a Supreme Court 
with three judges, residents of the territory, appointed by the 
President and Senate for a term of four years, a United States 
District Court with two judges appointed by the President and 
Senate for a term of six years, and inferior courts created 
by the territorial legislature. 

1 All of our forty-eight States were Territories before becoming States, ex- 
cept the thirteen original States and Maine, Vermont, Kentucky, West Virginia, 
Texas, and California, 



218 



TERRITORIES AND FOREIGN POSSESSIONS 



[§138 



A Territorial Delegate, to the government of the United 
States is elected by the people of the territory for each term 
of Congress. He is allowed a seat in the House of Represent- 
atives with a right to debate and serve on committees, but he 
cannot vote. His salary is $7500 a year. 

138. Alaska. — In 1867 Alaska was purchased from Eussia, 
and its inhabitants became citizens of the United States, but 




CH/VRLOTTE 1S>J\ 



Congress did not create a fully organized territorial government 
for it until 1912. Its area is 590,884 square miles, but its 
population in 1910 was only 64,356 including 25,331 Indians 
(Eskimos). To-day the Territory of Alaska is governed in 
very much the same manner as the Territory of Hawaii. 

The Governor is appointed by the President and Senate of 
the United States for a term of four years and has the usual 
powers. 



§139] 



PORTO RICO 



219 



Tlie Legislature consists of a senate with, eight members 
popularly elected and a house of representatives with sixteen 
members popularly elected. It meets biennially for a period 
not exceeding sixty days and its powers are general except 
where specifically restricted. All Alaskan laws are valid until 
disapproved by an act of Congress if they are originally passed 
within the limits of the organic act. 

As an example of the restrictions imposed by Congress, 
neither the Hawaiian 
nor the Alaskan gov- 
ernment may grant 
divorces to persons 
who have resided in 
the country less than 
two years. 

It is interesting to 
note that one of the 
first acts passed by the 
legislature of Alaska 
extended full suffrage 
to women, and that in 
1916 the people voted 
for territory-wide pro- 
hibition by a large majority, carrying every incorporated town 
but Engle, which cast a tie vote. 

Tlie Judiciary of Alaska consists of four United States 
district courts with judges appointed by the President and 
Senate for a term of four years. The Alaskan legislature 
creates inferior courts, 

A Territorial Delegate is . elected every second November 
to represent Alaska in the Congress of the United States. 
Like the territorial delegate from Hawaii he has a seat in the 
House of Representatives, debates, and serves on committees, 
but may not vote. His salary is $7500 a year. 

139. Porto Rico. — The United States took possession of 
the island of Porto Rico in 1898 during the Spanish-American 




United States Government Railroad. 

This is a construction scene on the govern- 
ment railroad from Seward to Fairbanks, 
Alaska, a distance of 471 miles. Cost 
$35,000,000. 



220 



TERRITORIES AND FOREIGN POSSESSIONS [§ 139 



AILAIfTIC O 

Arecibo San 




POETO RICO 



SCALE OF MILES 
, 10 20 3G ^ 



War, and acquired it by treaty the following year. Its area 
is 3606 square miles and its population in 1910 was 1,118,012, 
including 732,555 wMtes, 50,245 blacks, 335,192 mulattoes, and 
20 mongolians. 

Congress provides for the government of Porto Rico. The 
existing law of Congress, passed in the year 1910, gives Porto 
Ricans a status inferior to that of Hawaiians or Alaskans, 
who have complete American citizenship. Most of the civil 
rights guaranteed to American citizens are extended to citi- 
zens of Porto Rico, but not all j^olitical rights. Porto 

Ricans are not full 
citizens of the United 
States, but they may 
enter this country un- 
restricted by immigra- 
tion laws, and are pro- 
tected by the United 
States when travelling 
abroad. The island is 
only a partly organized territory of the United States, inasmuch 
as the house of delegates is, up to the present time, the only 
popularly elected body of the legislature. 

The Executive branch of the Porto Rican government con- 
sists of a governor and an executive council of eleven members, 
all of whom are appointed by the President, with the advice 
and consent of the Senate. At least live of the members of the 
executive council must be Porto Ricans, and at present seven 
are native born. 

The executive council grants franchises, ratifies important 
nominations to public office, determines salaries, approves 
municipal ordinances, and acts as the upper house of the 
legislature. 

Seven members of the executive council act as heads of the ad- 
ministrative departments : secretary, attorney-general, treasurer, 
auditor, commissioner of the interior, commissioner of education, 
and commissioner of public health, charities, and corrections. 



§ 1^0] 



THE PHILIPPINES 



221 



Tlie governor's powers are very similar to those of the 
Hawaiian governor, except that the Porto Eican governor does 
not appoint the heads of the administrative departments. 

TJie Legislature of the island is composed of the executive 
council mentioned above and a house of delegates consisting of 
thirty-five members popularly elected for a term of two years. 

Tlie Judiciary of Porto Eico has been almost completely 
Americanized in form, law, and procedure. The supreme court 
consists of five judges appointed for 
life by the President — three Porto 
Eicans and two Americans in prac- 
tice. Below this court are seven 
local district courts, each having one 
judge appointed by the governor 
of the territory with the consent 
of the council for four years. Be- 
low the district courts are twenty- 
four municipal courts with justices 
of the peace elected by the voters 
of the territory for terms of two 
years. 

A Commissioner, elected by the 
voters every two years, represents 
the island in AYashington. Unlike 
the territorial delegate, he has no 
statute right to a seat in the House, but by courtesy the 
House has given him the privilege of speaking and of serving 
on committees. He receives a salary of $7500 per annum. 

140. The Philippines. — The United States took possession 
of the Philippine Islands in 1898 during the Spanish-American 
War, and they were ceded to the United States the following 
year. This archipelago consists of about 3141 islands with a 
total area of 127,853 square miles, and a population estimated 
at 8,600,000. There are about 25,000 Americans and Europeans 
and about 40,000 Chinese in the islands. The Chinese are 
now excluded. 




222 



TERRITORIES AND FOREIGN POSSESSIONS [§ 140 



Originally Congress provided a government for the Philippine 
Islands in which the natives played a very minor part, but in 
order to test their ability for self-government Congress and the 
President have gradually entrusted more offices to them. 

The present government of the Philippines is provided for 
by a law enacted by Congress in 1916. This Act provides that 
the laws of Congress hereafter enacted shall not apply to the 
Philippine Islands except when they specilically so provide, 
and extends general legislative power to the Philippine Legisla- 
ture with certain fundamental restrictions enumerated therein. 

The Executive de- 
partment consists of 
the Governor Gen- 
eral, the Vice Gov- 
ernor, the heads of 
the executive depart- 
ments, and an audi- 
tor. The Governor 
General is appointed 
by the President and 
Senate of the United 
States. His position 
in the Philippine gov- 
ernment is very similar to the President's position in the 
government of the United States. The Vice Governor is 
also appointed by the President and Senate, and acts as gov- 
ernor in case of the latter' s inability to act. He is head of 
the executive department of public instruction, which consists 
of the bureaus of education and health. The other executive 
departments are created by the Philippine Legislature and their 
heads are appointed by the Governor General. The Auditor, 
who is appointed by the President, safeguards the revenues of 
the central and local Philippine governments. 

The Legislature consists of a senate and a house of repre- 
sentatives. The senate is composed of twenty-four members 
chosen in twelve districts for terms of six years. The house of 




The First Philippine Assembly, 1907. 



§141] 



PANAMA 



223 



representatives is composed of ninety members chosen in ninety 
districts ^ for terms of three years. Sessions are held annually. 
All legislative acts are subject to the approval of the Governor 
General or the President of the United States. 

Tlie Judiciary consists of a supreme court of seven judges 
appointed by the President and Senate, twenty-six courts of 
first instance with judges appointed by the Governor General 
and the Philippine Senate, and numerous justices of the peace. 
Appeals may be taken 
from the Philippine su- 
preme court to the Su- 
preme Court of the 
United States if the Con- 
stitution, a statute, or 
treaty of the United 
States is involved, or if 
an amount exceeding 
$25,000 is in question. 

Tioo Commissioners, 
elected by the Philippine 
legislature for terms of 
three years, represent the 
archipelago in Washing- 
ton. These representatives have no seats in Congress, but by 
courtesy of the House they have the privilege of debating, and 
receive a salary of $7500 per annum. 

141. Panama. — The occupation, use, and control of a zone 
five miles wide on each side of the Panama Canal was granted 
by Panama to the United States by treaty in 1904. The present 
permanent government for this zone was provided for by an 
act of Congress in 1912. The government is placed in the 
hands of the President of the United States. With the con- 




Panama Cakal Zone, 



1 Two senators and nine representatives are appointed by the Governor Gen- 
eral for indefinite terms to represent the non-Christian tribes, which were un- 
represented before 1916; all other members of the legislature are elected by a 
restricted suffrage. 



224 TERRITORIES AND FOREIGN POSSESSIONS [§ 141 




CopyrigM, Underwood & Underwood, N. Y. 
The Panama Canal. 
This scene shows the first ship through the canal after the great Culebra slide. 




Copyright, Underwood & Underwood, N. Y. 

Two Hundred Ton Sixteen-Inch Disappearing Gun for the 
Panama Fortifications. 



§ 142] OTHER INSULAR DEPENDENCIES 225 

sent of the Senate tie appoints a governor for the term of four 
years, and without the consent of the Senate he appoints other 
officials for an indefinite term. There is no legislature for the 
zone, but there is a district court with a judge appointed by 
the President for four years and local courts conducted by 
justices who are appointees of the governor. 

Because of the President's influence in the governing of the 
Canal Zone it has been called a " crown colony." 

142. Other Insular Dependencies. — Like Porto Kico and the 
Philippines, Guam was acquired in 1899 as a result of the war 
with Spain. The Samoan Islands were acquired by treaty in 
1900. Each of these possessions is commanded by a naval officer. 

Wake, Midway, Howland, Baker, and Guano islands are 
claimed by the United States, but as they are totally or prac- 
tically uninhabited they need no government. 

In 1916 the United States purchased the islands of St. 
Croix, St. Thomas, and St. John from Denmark by treaty for 
$25,000,000. 

Bibliography 
WiLLOUGHBY, W. F. Territories and Dependencies of the United 

States. (American State Series.) 1905. 
Annual Report of the Bureau of Insular Affairs. 

Questions on the Text 

1. What was the main reason for annexing Hawaii in 1898? 

2. The government of Hawaii is somewhat similar to that of what 
former territories of the United States? 

3. Are Hawaiians American citizens ? 

4. Into what three branches is the Hawaiian government divided ? 

5. How is the governor of Hawaii chosen? The Senate? The 
House of Representatives ? 

6. What laws may be enacted by the legislature of Hawaii? 

7. By whom is the territory of Hawaii represented in Washington ? 
May he vote ? 

8. How and when did the United States acquire Alaska? 

9. How is the governor of Alaska chosen ? The Senate ? The 
House of Representatives ? 



226 TERRITORIES AND FOREIGN POSSESSIONS 

10. In what respect do Alaskan laws differ from Hawaiian laws as 
to the method of making them ? 

11. How is Alaska represented in Washington? 

12. How and when did the United States acquire Porto Rico ? 

13. How do Porto Ricans differ from Hawaiians and Alaskans in 
their relationship to the United States? 

14. How is the governor of Porto Rico chosen ? The Executive 
Council ? The House of Delegates ? 

15. How is Porto Rico represented in Washington ? 

16. How and when did the United States acquire the Philippine 
Islands ? 

17. Are Filipinos citizens of the United States ? 

18. How is the Governor General of the Philippine Islands selected ? 
The Philippine Commission ? The Assembly? 

19. How are the Philippine Islands represented in Washington ? 

20. How. and when did the United States acquire Panama? 

21. How is Panama governed? Why is it called a "crown 
colony " ? 

22. What other insular dependencies does the United States own ? 

23. Name the foreign possessions of the United States in the order 
of their degree of local self-government. 

QUESTIOXS FOR DiSCUSSION 

1. Do you approve of the recent appropriation by Congress of 
$35,000,000 for the building of a government railroad in Alaska? 
Why? 

2. Do you think Porto Ricans should be given full United States 
citizenship ? Why ? 

3. Do you think the Filipinos should be given their independence, 
or do you think the Philippines should become a state of the Union ? 

4. President Wilson issued an executive order prohibiting the sale 
of intoxicating liquor in the Canal Zone. Why cannot he issue a 
similar order for Hawaii ? 

5. Could the House of Representatives grant cabinet members the 
right to speak on the floor of the House and to serve on committees ? 

6. If the question as to the constitutional privileges of a citizen of 
any of these possessions arises, to what court may the questions in dis- 
pute be finally appealed? 

7. Prepare a report on any one of these possessions. 



CHAPTER XVII 
POLITICAL PARTIES AND POLITICS 

143. National Parties. — A political party is an organization 
of many people, united by common principles or a common 
policy, and having for its immediate end the control of the 
government through the carrying of elections and the posses- 
sion of office. A political organization, like any other organi- 
za^tion, perpetuates itself by representative men known as 
committeemen. 

For each of the national parties there is a National Com- 
mittee composed of one member from each State, chosen at the 
National Convention every fourth year. The National Com- 
mittee elects a National Chairman for the same period of years, 
and he is the real party manager. 

In each State there is a State Committee and a State Chair- 
man to cooperate with the National Committee and its chair- 
man. It is the duty of these party representatives to promote 
harmony, to arouse enthusiasm by speeches and literature, 
to arrange for the selection of party candidates for public 
office, to instruct the voters concerning the merits and virtues 
of their own principles and leaders and the mistakes of their 
opponents, to enlist new voters such as naturalized foreigners — 
in short, to capture the government. 

An old party may have no principles differing from the 
opposing party, and may be said to be "looking for an issue." 
" A party may hold together ' long after its moral life is 
extinct. . . . Parties go on contending because their members 
have formed habits of joint action, and have contracted hatreds 
and prejudices, and also because the leaders find advantage in 

227 



228 POLITICAL PARTIES AND POLITICS [§ 144 

using these habits and playing on these prejudices. . . . The 
mill has been constructed and its machinery goes on turning 
even when there is no grist to grind.' " i 

However, when a political party with a large membership 
has been in control for a long period and has had no formidable 
party to oppose it, sectional or economic differences of opinion 
tend to " split " it into " factions." During Taft's administra- 
tion the Eepublican Party split into two factions, — the " in- 
surgents " and the " standpatters." Their differences of 
opinion were irreconcilable, and the insurgents, after "bolt- 
ing" the Eepublican Convention of 1912, organized the Pro- 
gressive Party with Roosevelt as its leader. 

The immediate end of political parties is the control of the 
government. This control may be honest or it may be corrupt. 
If the voter is wide awake the parties out of power will assist 
him in obtaining good government by exposing any improper 
acts committed by the party in power and by educating him to 
an understanding of the reforms advocated by them. There- 
fore, political parties are useful to democratic government, and 
as there is no provision for them in the Constitution of the 
United States they have developed as extra-legal institutions.^ 
Laws distinctly recognizing the existence of parties and at- 
tempting to regulate their activities are very recent, but State 
primaries provided by law are gradually displacing the old 
extra-legal State conventions. 

144. Party Platforms. — A party platform is a statement of 
principles or policies for which the party stands. A national 
party platform is framed every four years by the Committee 
on Pesolutions at the National Convention of the party. Each 
party platform contains a somewhat detailed statement of the 
principles and policies which it advocates, though its state- 
ments are not always clear. 

1 Ray, P. Orman, "An Introduction to Political Parties and Practical 
Politics," page 7. 

2 Extra-legal means outside of the law ; not illegal or contrary to law, but 
simply not regulated at all by law. 



§ 146] PARTY PLATFORMS 229 

If the delegates of the convention cannot agree upon specific 
public questions, ambiguous or non-committal " planks " will 
be adopted rather than offend any large faction of the party. 
As platforms are partisan documents and not judicial, their 
value depends much upon the character of the party leaders 
and candidates who indorse them. It has been cynically said 
that platforms are good things to get in and out on, but not to 
ride on. 

In many respects the 1916 Republican and Democratic plat- 
forms were alike. Both of these platforms advocated an 
adequate army and navy and a continued faith in the Monroe 
Doctrine. They favored rural credit banks, the conservation 
of natural resources, and the prohibition of child labor. They 
also recommended woman suffrage by State action. 

145. The Republican Platform. — The 1916 platform of the 
Eepublican party reaffirmed the party's belief in tariff protection 
to American industries and advocated a tariff commission. It 
continued its belief in a subsidy to commercial ships suitable 
for use in time of war, and in the retention of the Philippine 
Islands. It favored placing the entire transportation system 
under Federal control ; advocated civil service reform and a 
budget system ; and promised to restore order in Mexico. 

The Progressive party, which came into existence in 1912 
under the leadership of Theodore Roosevelt, dissolved in 1916 
when this favored leader declined its nomination to the presi- 
dency. Although this party was in existence only four years, 
many of the progressive planks in its 1912 platform found their 
way into the Democratic and Republican platforms of 1916. 

146. The Democratic Platform. — The 1916 platform of the 
Democratic party advocated tariff for revenue — the rate to be 
determined by a non-partisan commission — and the establish- 
ment of a shipping board to encourage and regulate foreign and 
interstate commerce by water. It favored the reclamation of 
arid lands and federal aid for the development of roads, rivers, 
harbors, and inland waterways. It urged the establishment 
of tuberculosis sanitariums, and promised generous pensions 



230 POLITICAL PARTIES AND POLITICS [§ 147 

to soldiers and their widows. It recommended a single com- 
mittee on appropriations as a practical step towards the budget 
system. It promised a greater degree of self government to 
the Philippine Islands and a liberal territorial government to 
Hawaii, Alaska, and Porto Rico. It held that claims of human- 
ity are of greater moment in Mexico than those of property. 

147. The Prohibition Platform. — Besides advocating the pro- 
hibition of the' sale of liquor throughout the United States, the 
1916 platform of the Prohibition party favored woman suffrage, 
uniform marriage and divorce laws, child labor laws, the eight- 
hour day, old age pensions, and insurance against unemploy- 
ment. It also favored the erection of public grain elevators 
and cotton warehouses, and advocated public ownership of all 
natural monopolies. The party would give the President power 
to veto single items of appropriation bills ; and in times of peace 
it would employ the army in reclamation plans, in reforesting 
hills and mountains, in building highways, and in constructing 
inland waterways, for which adequate industrial wages should 
be paid. It further favored the initiative, referendum, and 
recall for States.^ 

148. The Socialist Platform. — The Socialist platform of 1916 
was by far the most radical. It favored : 

(1) The collective ownership and democratic management of 
railroads, wire and wireless telegraphs and telephones, express 
services, steamboat lines, and all other social means of trans- 
portation and communication and of all large-scale industries ; 
and the shortening of the work day in keeping with the in- 
creased productiveness of machinery. 

(2) The immediate acquirement by the municipalities, the 
States, or the Federal government, of all grain elevators, stock 
yards, storage warehouses, and other distributing agencies, 
" in order to reduce the present extortionate cost of living." 

(3) The extension of the public domain to include mines, 
quarries, oil wells, forests, and water-power. 

1 See Sections 156, 168, 169, and 243. 



§ 140] THE NATIONAL CONVENTION 231 

(4) Further consideration and development of natural re- 
sources for tlie use and benefit of all the people : 

(a) By scientific forestation and timber protection. 

(b) By the reclamation of arid and swamp tracts. 

(c) By the storage of flood waters and the utilization of 

water-power. 

(d) By a stoppage of the present extravagant waste of 

the soil and of the products of mines and oil wells. 

(e) By the development of highway and waterway 

systems. 

(5) The collective ownership of land wherever practicable, 
and in cases where such ownership is impracticable the ap- 
propriation by taxation of the rental value of all land held for 
speculation or exploitation. 

(6) The collective ownership and democratic management 
of the banking and currency system. 

(7) The abolition of monopoly ownership of patents and 
the substitution of collective ownership, with direct rewards to 
inventors by premiums or royalties. 

(8) Government relief of the unemployed by the extension 
of all useful public works. 

(9) Old age pensions. 

(10) The adoption of woman suffrage, the initiative, referen- 
dum, and recall, and of proportional representation. 

(11) The abolition of the Senate and of the veto power of 
the President. 

(12) The abolition of the power of the Supreme Court to 
declare laws unconstitutional. 

(13) Election of all judges for short terms. 

(14) Amendment of the Constitution of the United States 
by a majority of the voters of the country. 

(15) A convention for the revision of the Constitution of 
the United States. 

149. The National Convention. — In the early summer of 
every fourth year each party holds a convention for the pur- 
pose of formulating its principles and policies into a party 



232 POLITICAL PARTIES AND POLITICS [§ 149 

platform, nominating candidates for President and Vice-Presi- 
dent, and electing a national committee to represent the party 
during tlie following four years. In December or January 
preceding a presidential election the national committee of 
each of the national parties meets in Washington and decides 
upon the time and place to hold the convention.^ When this 
is determined the committee sends a call for the National Con- 
vention to each State committee, naming the time, place, and 
number of delegates to which each State and Territory is en- 
titled. Por half a century the two leading parties assigned to 
each State twice as many delegates as the State has representa- 
tives and senators in Congress. ^ Each State is entitled to as 
many alternates as it has delegates, and these serve in the 
absence of the delegates. 

When the call from the national committee is received the 
State committee calls a State convention for the purpose of 
selecting four delegates-at-large with alternates and suggesting 
planks for the national platform. At the same time the State 
committee notifies each congressional district committee of 
the State to call a district convention for the purpose of select- 
ing two delegates with alternates.^ The conventions which 



iThe convention must be held in a city with railroad facilities, hotel ac- 
commodations, and auditorium space. In January, 1912, the business men of 
Baltimore presented to the Democratic National Committee a certified check 
for $100,000 on the condition that they would select Baltimore for the conven- 
tion. These business men further offered an auditorium to seat 20,000 and 
agreed to spend $15,000 for decorations. No other city offered as much and 
Baltimore was named. St. Louis paid a like sum to have the 1916 convention 
meet in that city. 

2 The Republican National Committee provided that for the National 
Convention of 1916 a congressional district should lose one of its delegates if 
it did not poll a Republican vote of 7500 in 1908 or 1914. The effect of this 
rule was to reduce the total number of delegates by 89, of which the Southern 
States lose 79. 

Each party assigns delegates to Hawaii, Alaska, District of Columbia, 
Porto Rico, and the Philippines, but the number assigned by the parties differs. 
In 1912 the total number of delegates in the Democratic Convention was 1094 ; 
in the Republican, 1078. 

3 In some States the State law requires the selection of delegates by a direct 



149] 



THE NATIONAL CONVENTION 



233 



choose these delegates frequently " instruct " them to support 
a certain candidate for the presidential nomination and to urge 
that certain policies be included in the party platform. 

In the large auditorium decorated with flags, bunting, and 
pictures of candidates and dead statesmen, the convention is 
called to order by the chairman of the national committee. 
After the secretary reads the official call for the convention 




Copyright, Underwood & Underwood, N. Y. 
The Republican National Convention in Chicago. 

and prayer is offered, the national chairman names the tem- 
porary chairman and other officers whom the national committee 
has previously selected. Unless there is a factional fight, as 
there was in 1912 in both parties, these nominees are elected 
by the convention. The temporary chairman is escorted to the 
chair and makes a lengthy speech in which he assails the record 



primary. In New York and several other States Democratic State conventions 
choose the entire delegation. At the New York State convention congressional 
district caucuses are held and nominate to the National Convention the dele- 
gates from their district. These nominations are usually ratified by the State 
convention. 



234 POLITICAL PARTIES AND POLITICS [§ 149 

of the opposite jmrty, eulogizes his own party, and pleads for 
harmony. 

Following this speech four committees are formed : (1) Com- 
mittee on Permanent Organization ; (2) Committee on Creden- 
tials ; (3) Committee on Eules and Order of Business ; and 
(4) Committee on Platform and Eesolutions. Each State is 
entitled to one member on each committee. As the roll of the 
States is called the chairman of each State delegation announces 
the members whom the delegation has chosen to represent that 
State on the respective committees. After these committees 
are named the first session usually ends. 

The second session of the convention is usually devoted to 
receiving the reports of the committees. The committee on 
rules and order of business usually recommends the adoption 
of the rules of the preceding National Convention and of the 
House of Representatives so far as they are applicable, and 
recommends a program, or order of business, for the existing 
convention. 

The committee on credentials recommends what delegates 
shall be seated where there is a split in the party and two sets 
of delegates claim to be the proper delegates. 

The committee on permanent organization nominates a per- 
manent chairman and other permanent officers. When elected, 
the permanent chairman is escorted to the chair and delivers a 
long speech outlining the issues of the campaign. 

Kext, the committee on platform and resolutions presents a 
platform of which a preliminary draft has been prepared by a 
party leader previous to the meeting of the convention. The 
platform is sometimes debated before the convention adopts it. 

The next duty of the convention is to nominate the President. 
The secretary calls the roll of States alphabetically, beginning 
with Alabama ; and as a State is called, its delegates have a 
right to propose candidates for nomination by long eulogistic 
speeches. Any number of delegates may second a nomination 
by similar speeches. After all candidates are placed in nomi- 
nation the balloting begins. The secretary again calls the roll 



§ 150] PARTY MACHINERY 235 

of the States, and the chairman of each delegation announces 
the votes for the entire delegation.^ 

In the Eepublican convention the votes of a bare majority 
of delegates nominate ; in the Democratic the votes of two 
thirds of the delegates are necessary .^ In 1912 it was necessary 
to ballot forty-six times to nominate Woodrow Wilson, although 
in 1916 he was nominated by the first ballot. The Vice-Presi- 
dent is nominated in the same manner as the President. 

Thirteen States have recently extended the direct primary 
to the selection of delegates for national conventions, or else to 
the instruction of delegates as to whom the majority of the 
party desires to be nominated.^ 

150. Party Machinery.^ — Between the nomination of candi- 
dates and election day a political campaign must be waged, and 
for this purpose party organizations are necessary. Party 
machinery in the form of a national committee, national sub- 
committees, a congressional campaign committee, State com- 
mittees, and local committees, is necessary for each party. 

The National Committee of each political party consists of 

1 The "unit rule" prevails in the Democratic convention but not in the 
Republican. By the " unit rule" the majority of each State delegation binds 
the entire delegation. To illustrate, the New York delegation consists of 90 
members. If 46 of the 90 delegates favor one candidate the entire 90 votes 
must be cast for him. The unit riile shows tlie early State-rights leaning of 
the Democratic party by recognizing the right of a " sovereign " State to vote 
as a unit. 

2 The "two-thirds rule" and the " unit rule" are closely bound together. 
" If the two-thirds rule be abrogated while the unit rule prevails, a few of the 
large States, though their delegations may be nearly evenly divided, may, 
by enforcing the unit rule, secure a majority of the convention for a candi- 
date whom only a minority of the delegates really favor. The two-thirds 
rule lessens the probability of this." — Woodburn, 183. 

3 In Pennsylvania and South Dakota delegates to the National Convention 
are selected by a direct primary. In Maryland, Illinois, and Michigan a direct 
primary enables the party voters to express a presidential preference. In 
Oregon, North Dakota, Wisconsin, New Jersey, Nebraska, California, Ohio, 
and Massachusetts the delegates are chosen by a direct primary and a presi- 
dential preference is expressed at the same direct primary. 

* The party machinery described in this section applies to the Democratic 
and Republican parties. That of other parties is very similar. 



236 POLITICAL PARTIES AND POLITICS [§ 151 

one member from each State and Territory. The members are 
chosen at the National Convention by the respective State 
delegations. At the head of the national committee is the 
national chairman,'^ nominally chosen by the national com- 
mittee, but really selected by the presidential candidate. He is 
the campaign manager, " the head master of the machine." For 
convenience and efficiency the national committee is usually 
divided into sub-committees, such as an executive committee, 
a finance committee, a committee in charge of the bureau of 
speakers, a' committee in charge of literary and press matters, 
and a committee in charge of the distribution of public docu- 
ments. 

Tlie Congressional Campaign Committee, with headquarters 
in Washington, consists of a representative of each State and 
Territory selected by a party caucus of its representatives and 
senators. The purpose of this committee is to secure the 
election of as many party members as possible. During presi- 
dential years the resources of this committee are placed at the 
disposal of the national committee. 

Tlie State Committees vary in composition and powers from 
State to State. In number they vary from a few to more than 
a hundred members, and serve terms varying from one to four 
years. Except in those States where the State convention 
system has been abolished, the committeemen are selected at 
the State conventions. In some States the unit of representa- 
tion is the congressional district, in others the county. Sub- 
ordinate to State committees are various local committees. 

151. Party Finance. — In the Lincoln campaign of 1860 the 
national committee " campaign fund " was only slightly over 
$100,000. Following the Civil War campaign funds steadily 
increased until 1896, when the Eepublicans alone, it is believed, 
had a fund of $7,000,000. In 1912 the Democrats expended 

1 Second in importance only to the national chairman is the national secre- 
tary, who is director at headquarters. He is more familiar with the actual 
details of the campaign than the chairman, who has largely determined the 
policy. 



§ 151] PARTY FINANCE 237 

over $1,130,000, the Eepublicans over $1,070,000, and the 
Progressives over $670,000. These funds are collected by the 
national chairman, treasurer of the national committee, and 
the finance sub-committee of the national committee. 

The various sources of these funds are : (1) voluntary con- 
tributions by loyal supporters, (2) contributions or assessments 
by candidates, (3) contributions by aspirants for appointive 
offices, (4) contributions or assessments by office-holders, 
(5) contributions by contractors for State, county, or city work, 
and (6) contributions by keepers of gambling houses, saloons, 
disreputable resorts, and others who violate city ordinances or 
State laws. 

Until recently private corporations contributed large amounts, 
sometimes as much as $50,000 or $100,000 at a time. But in 
1907 Congress passed an act prohibiting contributions by any 
corporations to any campaign fund used to aid in the election 
of the President, Vice-President, a Eepresentative or a Senator. 
By the same law national banks and other federal corporations 
are forbidden to contribute to any campaign fund.i 

By acts of Congress, passed 1910 and 1911, a candidate for 
representative in Congress may not expend more than $5000 
and a senator not more than $10,000 ^ towards his election. 
At presidential and congressional elections the treasurer of the 
national committee and the treasurer of the congressional 
committee must report before and after elections the entire 
" campaign fund " contributed and expended, giving the name 
of each person contributing as much as $100 and an itemized 
statement of all expenditures of as much as $10. This report 
is filed with the clerk of the House of Representatives and is 
open to the public. 



1 Besides this federal law prohibiting corporations from contributing, many- 
States prohibit corporations from contributing to State and local elections. 
States have various laws limiting the amount of money a candidate may- 
spend and also specifying for what purposes he may spend it. 

2 Postage and a few items such as those which members of Congress obtain 
free are not included in the $10,000 limit. 



238 POLITICAL PAKTIES AND POLITICS [§ 151 

A campaign fund may be expended for the maintenance of 
headquarters, convention halls, club rooms, mass-meetings, 
parades, and speakers' expenses ; in most States for salaries, 
bulletins, pamphlets, and posters ; and in a few States the cost 
of primaries must be borne by the State committees. Bribery, 
or gifts to influence voters, is everywhere illegal. 

A law of Congress enacted in 1912 requires newspapers and 
other periodicals to publish the name or names of persons 
owning the publication so that it may be known to what ex- 
tent certain persons or interests are influencing public opinion 
at election times. The law also requires publishers to insert 
the word " Advertisement " at the end of any reading matter 
for which the publisher receives pay. 

Bibliography 

Bay, P. Orman. An Introduction to Political Parties and Practical 

Politics. 1913. 
Campaign Text-Book of each Political Party. 
The Platform Text-Book, containing all the platforms of ah parties. 

Price 25 cts. The Vincent Publishing Co., Omaha, Neb. 

Questions on the Text 

1. What is a political party V 

2. What is the National Committee? Of whom is it composed? 

3. How is the National Chairman chosen? What is his position ? 

4. AVhat is the duty of the various party representatives? 

5. What is meant by party factions? 

6. Why must the principles of a new party be emphasized? 
What holds together an old party? 

7. What is the immediate end of a political party? 

8. Why are political parties useful to a democratic government ? 

9. What is a political platform ? 

10. What is meant by a plank of a party platform ? 

11. What determines the value of a platform? 

12. What was advocated in the Bepublican platform of 1916? 
The Democratic? The Prohibition? The Socialist? Discuss the 
different planks. 



QUESTIONS 239 

13. Describe a National Convention. When does it meet ? Who, 
and what considerations, determine where it will meet? 

14. What is accomplished by a National Convention ? 

15. How many votes of a convention are necessary to nominate a 
Republican candidate ? A Democratic candidate ? 

16. How are vice-presidential candidates nominated? 

17. Describe party machinery and the methods of conducting a 
campaign. 

18. What is the Congressional Campaign Committee ? 

19. Describe the political organization within a State. 

20. Explain how funds are raised for campaign expenses. 

21. May corporations contribute money to a political party to 
influence a federal election ? 

22. May a candidate for Congress spend as much as he desires 
towards his election? 

23. How can one learn how much money has been expended by a 
candidate for a federal office ? 

24. Is it legal in any State to use gifts or bribes to influence 
voters ? 

Questions for Discussion 

1. Referring to party organization, Mr. C. R. Fish says: " There 
must be drilling and training, hard work with the awkward squad, 
and an occasional dress parade. This work requires the work of 
many men : there must be captains of hundreds and captains of tens, 
district chiefs and ward heelers. . . ." Explain the meaning of this 
quotation. 

2. Is your State a one-party State? Would government be more 
efficient if there were two parties of about equal strength ? 

3. Compare the last platforms of the four leading political parties. 
Which is the most progressive? W^hich the least? Which do you 
favor? Did you inherit your views or do you think for yourself? 
Compare the last platforms with the most recent preceding ones. 
(See World Almanac for presidential year.) 

4. What are the differences between socialism and anarchism? 

5. What is the method of procedure in calling and conducting a 
caucus or primary in your own State ? 

6. How are the delegates of the county and State conventions 
chosen in your own State — in theory and in actual practice? 

7. Why is there always a lull in business during a presidential 
campaign when tariff reduction is an issue ? 



240 POLITICAL PARTIES AND POLITICS 

8. President Roosevelt recommended that campaign expenses be 
paid by the Federal government. What arguments can be advanced 
for and against this recommendation? 

9. What argument can you advance for and against compulsory 
voting ? 

10. Though it is morally just, why is it practically inexpedient to 
penalize both bribe-giver and bribe-taker ? 

11. Prepare a report on the election of 1824. 

12. Woodrow Wilson, in a message to Congress, advocated the 
nomination of the presidential and vice-presidential candidates by a 
direct primary election instead of National Conventions. Why do you 
favor or oppose this suggestion? Do you think Congress can enact 
a law creating such a primary, or must the Constitution be amended ? 
(See Art. IL Sec. 1; also Amendments XII, XIV, and XV.) 

13. Make an outline of the National, State, and local organization 
of the Democratic Party. 



CHAPTER XVIII 
STATE CONSTITUTIONS 

152. Origin of State Constitutions. — As the result of the 
Eevolutionary War the thirteen colonies of North America 
became thirteen independent States. Each had power to enact 
such laws as it considered wise. As expressed by a meeting of 
New Hampshire towns : " It is our humble opinion, that when 
the Declaration of Independence took place, the Colonies were 
absolutely in a state of nature, and the powers of Government 
reverted to the people at large." Thus the people of each 
State had power to create any kind of government they pre- 
ferred. 

Connecticut and Ehode Island found the colonial charters 
granted to them by Charles II to be so liberal that these charters 
were sufficient for their purposes. These States merely re- 
nounced their allegiance to the King of England and continued 
to be governed according to the provisions of their charters until 
1818 and 1842 respectively. Between 1776 and 1780 all of the 
other States prepared new documents, known as constitutions. 
In addition to outlining a form of government these documents 
contained certain rules to which all State legislation must con- 
form. 

These original constitutions were framed by State conven- 
tions, or congresses, some of which were composed of mem- 
bers of the State assemblies ; while others were especially 
constituted for that purpose. All of our State constitutions 
now in existence were framed by assemblies representing the 
people. 

Congress never admits a new State into the Union until the 

241 



242 STATE CONSTITUTIONS ' [§ 153 

territory desiring to be admitted has framed its constitution. 
On the admission of some States Congress has passed an act 
empowering the people of a territory to hold a convention and 
frame a constitution ; on the admission of other States Con- 
gress has accepted and confirmed the constitution previously 
drawn up by a territorial convention. 

153. State Constitutions Analyzed. — State constitutions com- 
monly consist of six parts : 

(1) A preamble stating the general purpose for Avhich the 
government is organized. 

(2) A Bill of Rights listing certain rights which must not be 
infringed upon even l)y enactments of the legislature. 

(3) Provisions for the organization of the legislative, executive, 
and judicial departments, and the powers and duties of each. 

(4) Provisions of a miscellaneous character treating of such 
subjects as suffrage and elections, revenues and expenditures, 
local government, public education, and railroads and other 
corporations. 

(5) Provisions for future changes ])y partial amendment or 
total revision. 

(6) A schedule providing for such matters as submitting the 
new constitution to the voters and putting it into operation 
without conflicting with the previous constitution. 

154. Revision of State Constitutions. — As the provisions of 
our State constitutions cannot be changed by the State legisla- 
tures in the same manner that ordinary laws are changed, 
special means have developed for altering them when new 
conditions make it advisable. If the people desire to make 
many changes in the constitution a convention is called to revise 
the old constitution or to frame a new one. But if only a few 
portions of the constitution are to be changed, a simpler pro- 
cedure is followed, known as partial amendment. 

155. Constitutional Conventions. — A constitutional conven- 
tion is an assembly of delegates chosen by the voters to revise 
an old constitution or to frame a new one. In all States except 
E-hode Island the constitution may be changed by a conven- 



156] 



PARTIAL AMENDMENT 



243 



tion, but in most States it must tlieii be ratified by the voters 
before it becomes law. 

There are usually three popular votes connected with a new 
or revised constitution : (1) the vote of the people authorizing 
a convention, (2) the election by the voters of delegates to the 
convention, and (3) the submission to the people for approval 
of the constitution framed by the convention.^ 




New York State Capitol. 

Here the Constitutional Convention recently met. This is the most 
expensive State Capitol in the United States. 



156. Partial Amendment. — In all States except New Hamp- 
shire the constitution may be changed by partial amendment, 
which method is used when only a few alterations are to be 

1 Some States dispense with the first vote, others with the third, and Mis- 
sissippi dispensed with both the first and the third in 1890. On this occasion 
the legislature of Mississippi provided for an election at which delegates were 
chosen, and when the delegates had framed a constitution they adopted it 
without consulting the people. 



24i STATE CONSTITUTIONS [§ 156 

made. The details of this method are given below in order 
that the reader may learn in what manner the constitution of 
his State may be amended. 

(1) Amendment by an affirmative vote of two successive 

legislatures, without being submitted to the voters.^ 

(2) Proposal by the legislature and confirmation by a vote of 

the people, but with the final determination left to the 
legislature.^ 

(3) Amendment proposed by the legislature, and approved 

by the voters, but with the amending process subject 
to such restrictions as to make constitutional changes 
difficult. Such restrictions are of three kinds : 

(a) Requirement of an affirmative vote by two suc- 
cessive sessions of the legislature for the proposal 
of amendments.^ 

(b) Limitations as to the number, frequency, or 
character of proposals. '' 

(c) Requirement of an affirmative vote by more than 
a bare majority of all persons voting upon the 
amendment — e.g., by a majority of those who 
vote for officers at that election.^ 

(4) Unrestricted proposal of amendments by one legislature 

and their adoption by the vote of a majority of the per- 
sons voting thereon.^ 
Tlie Initiative. — In addition to the above methods of amend- 
ing State constitutions a new way has developed since 1902, 

1 Delaware. 

2 Mississippi and South Carolina. 

3 Connecticut, Indiana, Iowa, Massachusetts, Nevada, New Jersey, New 
York, North Dakota, Pennsylvania, Rhode Island, Tennessee, Vermont, Vir- 
ginia, and Wisconsin, 

4 Arkansas, Colorado, Illinois, Indiana, Kansas, Kentucky, Montana, New 
Jersey, Pennsylvania, Tennessee, and Vermont. 

5 Alabama, Arkansas, Illinois, Indiana, Minnesota, Nebraska, New Mexico, 
Oklahoma, Rhode Island, Tennessee, and Wyoming. 

6 Arizona, California, Florida, Georgia, Idaho, Louisiana, Maine, Mary- 
land, Missouri, Michigan, North Carolina, Ohio, Oregon, South Dakota, Texas, 
Utah, Washington, and West Virginia. 



§ 157] PRESENT TENDENCIES 245 

and is now practiced by a number of States.^ This new method 
is known as the Initiative because the proposed amendment is 
initiated by voters. When a prescribed per cent of the legal 
voters — e.g., eight per cent in Oregon — desires to have any part 
of the constitution changed they sign a petition stating exactly 
what change they desire. This proposal is sent to the secre- 
tary of state, who places the proposed change upon the ballot 
for the next State election. If a majority of the voters cast 
their ballots in favor of the change the constitution is thus 
amended. 

At the November election of 1914 forty-one amendments 
were initiated by the voters of nine States as compared with 
161 proposed by the legislatures of twenty-four States. Only 
seven of the initiated amendments were accepted by the voters, 
and eighty-one of those proposed by the legislatures. 

157. Present Tendencies. — Our early State constitutions 
were very brief, rarely containing more than 5000 words, but 
most of the State constitutions of to-day contain from ten to 
twenty times as many words as the original documents. 

There are two reasons for this increase in length. First, 
the government performs so many more functions now than it 
did when the first constitutions were adopted. Second, the 
members of a constitutional convention now lack confidence 
in the ability of the ordinary member of a State legislature 
and think it best to include in the constitution itself many 
detailed laws which were originally left to be enacted by the 
legislature. 

The constitution of Oklahoma, one of the most recent, goes 
into such minute detail as to enumerate the classes of persons 
who are permitted to accept railroad passes, and contains about 
50,000 words. Laws which go into great detail need to be 
amended frequently, and since 1902 twelve States have adopted 
the easier method of amending their constitutions — the 
initiative method. 

1 For complete list of Initiative States see Section 244. 



246 STATE CONSTITUTIONS [§ 158 

Those States which have not adopted the new method of 
amending their constitutions are obliged to resort to the old 
methods more frequently. Never before 1914 were as many 
as forty-one amendments initiated by the voters in any one 
year, nor were as many as 161 ever submitted by the legisla- 
tures. 

158. Authority of State Constitutions. — The constitution with 
its amendments constitutes the supreme law of the State, and 
it overrides any laws enacted by the legislature which conflict 
therewith. Whenever a legislature passes a law which con- 
flicts with some provision of the constitution the first person 
who is in any way inconvenienced by the law may refuse to 
abide by it, and permit some one to sue him because he knows 
that the court will declare the law null and void, that is, of no 
force. 

For example, a few years ago the legislature of New York 
State enacted a law providing that any employer whose work- 
men are injured in certain enumerated dangerous pursuits, 
such as stone quarrying, must compensate the workmen by a 
money payment, whether the employer was at fault or not. 
The first employee who was injured demanded his money. 
The employer refused to pay him, claiming that the law was 
contrary to the constitution of the State. The workman sued 
the employer, but the highest court of the State (Court of 
Appeals) decided that the law did conflict with the constitution, 
was thus null and void, and could not be enforced. 

The legislature still thought that there should be such a 
law ; therefore two successive sessions proposed an amendment 
to the constitution and submitted it to the people. The 
majority of voters cast their ballots in favor of it, and thus 
changed the constitution so that the next legislature could 
enact the same workmen's compensation law, for it would no 
longer conflict with the constitution. The next legislature did 
pass the law, and to-day the courts enforce it. 

159. Relative Rank of Laws. — The following outline shows 
the relative rank of laws in the United States : 



§ 159] EELATIVE KANK OF LAWS 247 

United States Constitution. 

United States statutes and treaties. 
State constitutions. 
State statutes. 

County, town, or city statutes, called county 
" regulations " or " by-laws " and town 
or city " ordinances " or " by-laws." 

The Constitution of the United States is the supreme law of 
the land, and every other law is subordinate to it. If Congress 
passes any statute which conflicts with the Constitution of the 
United States or if the President and Senate make any treaty 
which conflicts with the Constitution of the United States, such 
statute or treaty will not be enforced by the courts. 

Likewise, if a State constitution contains any provision 
which is contrary to the Constitution of the United States or to 
a statute of Congress the same cannot be enforced. Further- 
more, if a State legislature enacts a statute contrary to the 
Constitution of the United States, a statute of Congress, or a 
provision of the State constitution it cannot be enforced. Or if 
a county board or town or city council passes a by-law contrary 
to any of the above laws, it is void and the courts will not 
enforce it. 

It is impracticable to write definite laws regulating in detail 
all possible human actions ; so in addition to the above written 
laws we have a set of rules and principles which are not 
written in any definite form but are enforced by the govern- 
ment. These rules and principles grew out of custom and 
court decisions in England during a number of centuries, and 
because they were uniform throughout all England they were 
called common law.^ When the American States became inde- 
pendent of England they retained the English common law to 
supplement their definite written laws. 

As each American State has a distinct system of courts the 
common law rules and principles have become different in 

1 Equity is similar to common law, see Sec. 182. 



248 STATE CONSTITUTIONS [§ 159 

some details in the various States ; but as decisions of the 
courts of each State are known to the judges of the courts of 
each of the other States these rules and principles remain very 
much the same throughout the country.^ 

If there is a case in court for which there is no definite 
written law it must be decided according to the rules of 
common law;. Occasionally a case arises which is unlike any 
previous case ; for instance, a suit growing out of the collision 
of aeroplanes. There is no express law governing such a 
collision, but there are rules establishing a standard of care in 
the case of other classes of vehicles, so the court would apply 
the general rules and principles of the common law for vehicles 
to aeroplanes and thus determine the case by analogy. 

Bibliography 

Dealey, James Quayle. Growth of American State Constitu- 
tions. 1915. 

DoDD, W. F. The Revision and Amendment of State Constitutions. 
1910. 

Thorpe, Francis Newton. Federal and State Constitutions. 
7 vols. 1909. 

A copy of the State Constitution can usually be obtained gratis from 
the Secretary of State. 

Questions on the Text 

1. What is a State constitution ? 

2. Of what six parts does a State constitution commonly 
consist ? 

3. For what purpose is a constitutional convention assembled? 

4. What part do the voters usually take in making a new con- 
stitution ? 

5. What is meant by partial amendment of a State constitution ? 
Describe in detail how it is accomplished in the State in which you 
live. 

1 Louisiana, which State obtained its system of laws from France, is the 
only one that did not adopt the common law. 



§ 159] QUESTIONS 249 

6. What new way of amending constitutions has developed since 
1902? Explain this method. 

7. What are some of the present tendencies of State constitutions ? 

8. If you are in any way inconvenienced by an Act of the legisla- 
ture which is contrary to the constitution, need you abide by it? 

9. If a law is declared unconstitutional is there any possibility of 
making it constitutional? 

10. Name the various kinds of laws in the United States according 
to their relative rank of importance. 

Questions for Discussion 

1. The members of the English House of Commons are elected for 
a term not exceeding five years. When the five-year term expired in 
1915 the House continued to sit without an election because of the 
war condition. Could the United States House of Representatives 
prolong its term of office with the assent of the Senate? (See U. S. 
Constitution, Art. I, Sec. 2.) 

2. Suppose South Carolina should add an amendment to its consti- 
tution depriving negroes of the right to vote. Would this be a valid 
law? (See Amend. XV.) 

3. The constitution of New Jersey restricts the right of suffrage to 
male persons 21 years of age. Could the State legislature enact a law 
extending suffrage to women in all elections ? 

4. Women as well as men are permitted to vote in Colorado. 
Could a constitutional convention or the State legislature permit 
women to vote for United States congressmen without permitting 
them to vote for members of the more numerous branch of the State 
legislature? (See U. S. Constitution, Art. I, Sec. 2.) 

5. The constitution of Virginia, until recently amended, provided 
that all cities of the first class should be governed by a two-body 
council. Staunton, Virginia, a city of the first class, desired to be 
governed by a single body commission. Could it be so governed? 

6. The legislature of the State of Alabama enacted a law prohib- 
iting saloons anywhere within the State. Could the council of the 
city of Birmingham license saloons in that city? 

7. When and under what circumstances was the constitution of 
your State adopted? Was it approved by the people? Prepare a 
brief outline of it showing the main topic of each division and 
article. 



250 STATE CONSTITUTIONS 

8. The contents of State constitutions are becoming very similar to 
ordinary statutes, and since the method of changing them, by the 
initiative, is that which is commonly used for ordinary statutes, do 
we any longer need these constitutions? If State constitutions were 
abolished would it make the governments more or less democratic? 

9. Prepare a brief constitution for a baseball team or a basketball 
team. 



CHAPTER XIX 

STATE LEGISLATURES 

160. Structure of State Legislatures. — Every State has a 
legislative body. In twenty-three of the States this body 




STATE SENATORIAL DISTRICTS 
OF NEW YORK STATE (51) 



is known as the " Legislature," in twenty as the " General 
Assembly," in three as the " Legislative Assembly," and in 
New Hampshire and Massachusetts as the "General Court." 
In each State the legislative body is composed of two houses — 

251 



252 



STATE LEGISLATURES 



[§161 



the Senate and House of Representatives. In six States, how- 
ever, the lower house is known as the " Assembly," and in 
three as the " House of Delegates." 

161. Membership of State Legislatures. — The /Senates vary 
in membership from 16 in Nevada to 67 in Minnesota. In 
some States one senator is elected from each county, but most 
States are divided into Senatorial Districts of about equal 




NUMBER OF ASSEMBLYMEN 
IN NEW YORK COUNTIES (150) 



23 w ^c^fi] 
Richmoncl/l/!h^ 



population. Senators are elected for terms varying from one 
year in Massachusetts to four in thirty-one of the States. 

The membership of the House of Representatives varies from 
35 in Arizona and in Delaware to 405 in New Hampshire. In 
some States one or more representatives is elected from each 
county or each township, whereas other States are divided into 
House Districts of about equal population. 

From time to time the legislatures create new Senate and 



§ 163] LEGISLATIVE SESSIONS 253 

House districts which correspond to the changed distribution 
of population. As the cities grow in population the rural 
county representatives commonly refuse to increase city repre- 
sentation proportionately for fear that the counties will be 
controlled by the cities. An especially unfair apportionment 
is called a " gerrymander." (See Sec. 35.) 

In most States any qualified voter is eligible to membership 
in the Senate or House, but in some States the age qualifica- 
tion for the Senate is higher than that for the House. The 
members, either by law or custom, usually reside in the districts 
from which they are elected. 

162. Legislative Sessions. — The legislatures of six States 
meet annually, that of Alabama quadrennially, and those of all 
other States biennially. Every odd-numbered year forty-one 
legislatures convene — thirty-nine of them in the month of 
January. Many State constitutions absolutely limit the 
sessions to a definite number of days, others allow no compen- 
sation after the prescribed number of days'. However, there 
is a tendency to remove the restriction because many of the 
bills which are rushed through the last days do not receive 
careful consideration. For any special or urgent purpose the 
governor may call an extra session. 

163. Privileges, Immunities, and Compensation of Members. — 
State constitutions usually provide that for any speech or 
debate in either house a member may not be questioned in any 
other place ; and that members are not subject to arrest under 
any civil process during any legislative session or coming 
thereto or going therefrom. This latter privilege amounts 
to scarcely anything to-day, for a member who commits treason, 
felony, or breach of the peace may be arrested like any other 
individual. 

The salary of members of each house is always the same. 
In some States it is determined by the legislature, while in 
others it is prescribed by the constitution. It varies from $3 
per diem while in session in Kansas to $3500 per session in 
Illinois. 



254 



STATE LEGISLATURES 



[§163 



State Legislatures 



State 


Ann. 

OR 
BlEN. 


Limit 

OF 

Session 


No. OF 

Mem- 
bers 
in 


No. OF 
Mem- 
bers 
in 


Term 

OF 

Sena- 


Term 

OF 

Repre- 
senta- 


Salary of 
Members 


No. of 
Bills 
Intro- 
duced 
IN One 
Yeari 








Senate 


House 


toes 


tives 




Alabama . . . 


Quad. 


50 days 


35 


106 


4 


4 


$4 per diem 


1,311 


Arizona . . . 


Bien. 


60 days 


19 


35 


2 


2 


$7 per diem 


529 


Arkansas • • ., 


Bien. 


60 days 


35 


100 


4 


2 


$6 per diem 


743 


California . . " 


Bien. 


None 


40 


80 


4 


2 


$1000 term 


3,922 


Colorado . . . 


Bien. 


None 


35 


65 


4 


2 


$1000 term 


1,286 


Connecticut . . 


Bien. 


None 


35 


258 


2 


2 


$300 ann. 


1,751 


Delaware . . . 


Bien. 


60 days 


17 


35 


4 


2 


$5 per diem 


625 


Florida . . . 


Bien. 


60 days 


32 


75 


4 


2 


$6 per diem 


1,492 


Georgia . . . 


Ann. 


50 days 


44 


186 


2 


2 


$4 per diem 


1,297 


Idaho .... 


Bien. 


60 days 


37 


65 


2 


2 


$5 per diem 


635 


Illinois .... 


Bien. 


None 


51 


153 


4 


2 


$3500 ses'n. 


1,608 


Indiana . . . 


Bien. 


60 days 


50 


100 


4 


2 


$6 per diem 


1,329 


Iowa .... 


Bien. 


None 


50 


108 


4 


2 


$1000 ses'n. 


1,264 


Kansas . . . 


Bien. 


50 days 


40 


125 


4 


2 


$3 per diem 


1,773 


Kentucky . . . 


Bien. 


60 days 


38 


100 


4 


2 


$10 per diem 


914 


Louisiana . . 


Bien. 


60 days 


38 


118 


4 


4 


$5 per diem 


1,001 


Maine .... 


Bien. 


None 


31 


151 


2 


2 


$400 ann. 


1,396 


Maryland . . . 


Bien. 


90 days 


27 


101 


4 


2 


$5 per diem 


1,404 


Massachusetts . 


Ann. 


None 


40 


240 


1 


1 


$1000 ann. 


3,167 


Michigan . . . 


Bien. 


None 


32 


100 


2 


2 


$800 ses'n. 


1,261 


Minnesota . . 


Bien. 


90 days 


67 


130 


4 


2 


$1000 ses'n. 


2,226 


Mississippi . . 


Bien. 


None 


45 


139 


4 


4 


$500 ses'n. 


1,314 


Missouri . . . 


Bien. 


70 days 


34 


142 


4 


2 


$5 per diem 


1,570 


Montana . . . 


Bien. 


60 days 


31 


85 


4 


2 


$10 per diem 


610 


Nebraska . . . 


Bien. 


60 days 


33 


100 


2 


2 


$600 ann. 


1,346 


Nevada . . . 


Bien. 


60 days 


16 


37 


4 


2 


$10 per diem 


480 


New Hampshire 


Bien. 


None 


24 


405 


2 


2 


$200 ann. 


800 


New Jersey . . 


Ann. 


None 


21 


60 


3 


1 


$500 ann. 


1,240 


New Mexico . . 


Bien. 


60 days 


24 


49 


4 


2 


$5 per diem 


512 


New York . . 


Ann. 


None 


51 


150 


2 


1 


$1500 ann. 


4,081 


North Carolina 


Bien. 


60 days 


50 


120 


2 


2 


$4 per diem 


4,308 


North Dakota . 


Bien. 


60 days 


49 


113 


4 


2 


$5 per diem 


889 


Ohio 


Bien. 


None 


36 


128 


2 


2 


$1000 ann. 


978 


Oklahoma . . 


Bien. 


60 days 


44 


102 


4 


2 


$6 per diem 


1,125 


Oregon .... 


Bien. 


40 days 


30 


60 


4 


2 


$3 per diem 


971 


Pennsylvania . 


Bien. 


None 


50 


207 


4 


2 


$1500 ses'n. 


2,726 


Rhode Island . 


Ann. 


60 days 


38 


100 


2 


2 


$5 per diem 


711 


South Carolina . 


Ann. 


None 


45 


124 


4 


2 


$200 ann. 


752 


South Dakota . 


Bien. 


60 days 


45 


104 


2 


2 


$5 per diem 


902 


Tennessee . . 


Bien. 


75 days 


33 


99 


2 


2 


$4 per diem 


2,742 


Texas .... 


Bien. 


60 days 


31 


142 


4 


2 


$5 per diem 


1,397 


Utah .... 


Bien. 


60 days 


18 


46 


4 


2 


$4 per diem 


482 


Vermont . . . 


Bien. 


None 


30 


246 


2 


2 


$4 per diem 


845 


Virginia . . . 


Bien. 


60 days 


40 


100 


4 


2 


$500 ses'n. 


1,600 


Washington . . 


Bien. 


60 days 


42 


96 


4 


2 


$5 per diem 


1,200 


West Virginia . 


Bien. 


45 days 


30 


94 


4 


2 


$4 per diem 


646 


Wisconsin . . 


Bien. 


None 


33 


100 


4 


2 


$500 ses'n. 


1,759 


Wyoming . . . 


Bien. 


40 days 


27 


57 


4 


2 


$8 per diem 


392 



1 Bills introduced ; 
States, 1913. 



Alabama, 1911 ; all even year States, 1912 ; all odd year 



§ 164] POWERS OF STATE LEGISLATURES 255 

164. Powers of State Legislatures. — According to the Tenth 
Amendment to the Constitution of the United States " the 
powers not delegated to the United States by the Constitution, 
nor prohibited by it to the States, are reserved to the States, 
respectively, or to the people." (See Sec. 24.) State constitu- 
tions confer all of this reserved law-making power upon the 
legislatures, except as to certain specified matters reserved 
to the voters which may be altered only by changing the 
constitution.^ 

The legislatures do not attempt to exercise all of their 
powers, but delegate a portion of them to other local legis- 
lative bodies in counties, townships, school districts, cities, 
and towns or villages. The county board and the city coun- 
cil are examples of minor legislatures which derive all of 
their powers from general or special laws framed by a legis- 
lature, except a few which are bestowed directly through the 
constitution. 

Of course it is impossible to enumerate the powers of the 
State legislatures because they may enact any laws which are 



1 Tbe following restrictions are commonly placed upon State legislatures by 
State constitutions : 

1. The Bill of Rights guarantees freedom of the press and speech, religious 
liberty, jury trial, right to the writ of habeas corpus, etc., and prohibits the 
taking of private property for a public purpose without compensation. 

2. Other parts of the constitution : 

(a) Prohibit special privileges to corporations. 

(6) Limit State debts and compel regular payment of interest and 
principal. 

(c) Prescribe qualifications for voters and define terms and duties of 
certain officers. 

(d) Prescribe certain ^ules for local government, public education, and 
public institutions. 

(e) Place certain restrictions upon the passage of special or local laws, 
that is, laws applying to some particular person, corporation, or 
locality — township, county, or city. As an illustration of the need 
of such restrictions, some years ago the legislature of Pennsylvania 
compelled Philadelphia to build a city hall costing millions of 
dollars, which was larger and more extensive than the city needed 
or would have otherwise built. 



256 



STATE LEGISLATURES 



[§165 



not denied them by the Constitution or laws of the United 
States or by the constitutions of the respective States, but ex- 
amples can be given of subjects concerning which they legislate. 
Such examples are taxation ; civil matters, such as contracts, 
real and personal property, inheritances, mortgages, corpora- 
tions, marriage, and divorce ; crimes for which fines, imprison- 
ment, or death are imposed ; " police regulations," such as 



i nil It ! I 



Texas State Capitol at Austin. 

morals, public health, business or professional regulations, or 
any general welfare rule which restricts a person's inclination 
to do as he pleases. 

165. Organization of State Legislatures. — Each house of the 
State legislatures commonly has power to select its own officers, 
except that some States have a lieutenant-governor provided 
for in the constitution who presides over the upper chamber. 
(See Sec. 177.) It also determines its own rules of procedure 



§ 165J ORGANIZATION OF STATE LEGISLATURES 257 

and the qualifications of its members, and by a certain pre- 
scribed majority, usually two thirds, may expel members. 
Legally the speaker of the House and the president or chair- 
man of the Senate, except where there is a lieutenant-governor, 
are elected by the respective houses over which they preside, 
but practically they are chosen in a party caucus. (See Sec. 57.) 

The officers of each house of the State legislatures are very 
similar to those of Congress and their duties are about the 
same. (See Sec. 51.) For instance, the speaker is presiding 
officer of the House and has power to refer bills to committees, 
but unlike the speaker of the United States House of Repre- 
sentatives he has power to appoint the committees in nearly 
all States. Each house has a clerk and a sergeant-at-arms and 
numerous other officers varying in number from 21 in Delaware 
to 315 in Missouri. 

The committee system in State legislatures is also very 
similar to that of Congress. (See Sec. 53.) Here also most 
committee meetings are held in secret and their votes upon 
measures are not recorded in a majority of the States. It is 
by these committees that popular measures are so often de- 
feated. For instance, a common method of preventing the 
passage of a bill is for the speaker to refer it to the Judiciary 
Committee, claiming it to be of doubtful constitutionality, but 
really desiring to prevent the bill from coming to a vote. The 
majority of this committee is naturally composed of friends of 
the speaker inasmuch as he appoints them, and he can usu- 
ally count upon them to " pigeon-hole " any such bill and fail 
to report upon it. Thus it dies and it is buried in the com- 
mittee. Because of the great number of deserving bills which 
are buried in this committee it is often spoken of as " the 
graveyard committee." 

Ex-Governor Sulzer of ISTew York, who has had considerable 
opportunity to observe actual methods of legislation, has said : 
" The crooked work in legislatures is all, or nearly all, done in 
committees. People who take an intelligent interest in public 
affairs think they have made a great step when they have the 



258 STATE LEGISLATURES [§ 166 

public watching the legislature. They have, but a greater 
step will have been made when they have the public keep- 
ing the spot light on legislative committees and particularly 
the chairman. For immediately behind the chairman of the 
committee will be found the Big Boss." 

Professor Paul Eeinsch considers the Massachusetts legisla- 
ture to have reached the highest stage of development. He 
says, " In that State committee hearings are a very important 
part of legislative action. Notice of all hearings is given in 
the public press, and the committee meetings are well attended, 
not only by people who have an ax to grind, but by citizens of 
the State who interest themselves in legislative reforms. All 
testimony brought before the committees is carefully weighed ; 
in fact, the legislature and its committees assume rather a 
judicial attitude. Petitions are brought before them, testi- 
mony is given, arguments are made, and they can generally 
decide the matter impartially upon the basis of all these 
considerations." 

166. How Bills Become Laws. — Preparation of Bills. — The 
State legislatures may represent the average honesty and 
intelligence of the people, but few legislators are capable of 
preparing their bills in unmistakable language or in accord- 
ance with superior law.^ For some years the members of 
our legislatures drafted their own bills, the lawyer members or 
some legislative clerk assisting the inexperienced. 

After the development of large corporations their lobbyists, 
or legislative agents, often prepared bills free for members 
whose acquaintance and good- will they desired. To-day half 
of the States have trained assistants whose duty it is to put 
in clear legal form the ideas that members wish to enact into 
statutes. The assistant is ordinarily connected with a legis- 
lative reference bureau. 

A Legislative Reference Bureau is a library or division of 
a library especially equipped to assist legislators. Such a 

^ Superior laio means the Constitution of the United States, laws of Con- 
gress, treaties, and the State constitution. 



§ 167] HOW BILLS BECOME LAWS 259 

bureau collects references, summaries, files, card indexes, 
court decisions, newspaper clippings, magazine articles, refer- 
ence books, government reports, bills introduced into other 
legislative bodies, governors' messages, platforms of political 
parties, and any other information available for legislators. 
Since 1890 thirty-odd States have undertaken this work on 
varying scales, usually in cooperation with the State library. 

Introduction of Bills. — Any member of either house may 
introduce as many bills as he chooses. In introducing bills 
the members merely file them with the clerk. Some legis- 
latures prohibit the introduction of bills after the legislature 
has been in session a certain number of days ; others require 
that bills of a local or private character must be announced in 
the locality to be affected ; and others require that local bills 
receive a two-thirds vote of each house instead of a bare 
majority, which is sufiicient for public bills. 

As the passage of a bill through a State legislature is so 
similar to the procedure of Congress it need not be described 
here in detail. (See Sec. 55.) 

On account of the large number of bills introduced at each 
session of the State legislature it would be impossible even 
for the committees to give consideration to all of them. 
Therefore those bills which are not introduced by prominent 
members or backed by influencial lobbyists are commonly not 
seriously considered and are said to be " pigeon-holed." Other 
bills which the committees do not favor but feel obliged to 
report upon are often intentionally reported too late to be 
considered by the houses. 

167. Lobbying. — The practice of frequenting lobbies ^ or 
any other convenient places for the purpose of persuading 
legislators to vote for or against certain bills is known as 
lohhying. For instance, the Retail Liquor Dealers' Association 
of a State, the Anti-Saloon League, railroads, and many other 

1 A lobby is an anteroom or corridor communicating with the main 
assembly room, or else a part of the room itself to which the public is ad- 
mitted and which is usually railed off from the part used for the assembly. 



260 STATE LEGISLATUEES [§ 168 

organizations interested in legislation — good or bad — send 
agents to State capitols to frequent the legislative halls for 
the purpose of influencing legislative votes. All such agents 
engaged in lobbying at the capitol are known as lobbyists. 

The State of Wisconsin requires lobbyists to register their 
names and that of the organization which they represent. 
The register is open to public inspection. Thus the State is 
endeavoring to give publicity to the lobbyists who have been 
responsible for much bad legislation. 

168. The Referendum. — In one third of the States the 
Governor is not the only authority that can prevent a bill 
which has passed the legislature from becoming law.i In 
these States a device known as the referendum permits a small 
percentage of the voters to require the reference of any act 
passed by the legislature to all of the voters for approval or 
rejection. The referendum thus enables the voters to reject 
undesired legislation. 

In November, 1914, the voters of nine States had a total of 
twenty-seven legislative statutes referred to them by petition, 
and of these nineteen were rejected by the voters. For in- 
stance, the legislature of Missouri passed a law known as the 
" full crew law " which required railroads to man their trains 
with more men than the railroad companies thought were 
necessary. Therefore the railroads had five per cent of the 
voters in each of two thirds of the congressional districts sign 
a petition demanding that the statute be referred to the people. 
It was referred at the November election and rejected by a 
vote of 324,384 to 159,892. 

169. The Initiative. — All of the States which have the 
State- wide referendum, except Maryland and New Mexico, also 
have the State-wide initiative,^ which is a device whereby a 
small percentage of voters may initiate a law and have it 
referred to all of the voters for their acceptance or rejection. 
Thus, if a legislature will not enact a law which a certain per 

1 For list of Referendum States see section 244. 

2 For a complete list of Initiative States see section 244. 



§ 170] COMMISSION GOVERNMENT FOR STATES 261 

cent of tlie voters tliink the majority favor they can have the 
prescribed per cent sign a petition, and the measure will be 
referred to the voters at the next election. This is known as 
direct legislation because voters make law directly, not depending 
upon their legislators. 

At the 1914 November election six States voted upon forty- 
one initiated statutes of which they enacted thirteen into law 
and rejected twenty-eight. As examples, Oregon abolished 
capital punishment by means of the initiative, the vote standing 
100,552 to 100,395, and Washington State abolished the sale of 
liquor throughout the State by the same means, the vote being 
189,840 to 171,208. 

170. Commission Government for States. — Believing that the 
State legislatures are no longer able to carry out the various 
duties which new conditions impose upon them. Governor 
Hodges of Kansas sent a special message to the Kansas legis- 
lature on March 10, 1913, containing the following passage : 

"In common with a large and growing number of thoughtful people 
I am persuaded that the instrumentalities for legislation provided for 
in our State constitution have become antiquated and inefficient. Our 
system is fashioned after the English parliament, with its two houses 
based upon the distinction between the nobility and the common 
people, each House representing the diverse interests of these classes. 
No such reason exists in this State for a dual legislative system, and 
even in England at the present time the dual system has been practi- 
cally abandoned and the upper House shorn of its importance, and I 
believe that we should now concern ourselves in devising a system for 
legislating that will give us more efficiency and quicker response to 
the demands of our economic and social conditions and to the will of 
the people. . . . 

"You senators and representatives cannot but have observed the de- 
fects of our present system. In a short session of 50 days you are 
required to study and pass upon hundreds of measures, and the hurry 
with which this must be done must of necessity result in a number of 
more or less crude and ill-digested laws, which often puzzle learned 
jurists to interpret with anything like satisfaction to themselves or to 
the public. Hundreds of measures also, embodying important legisla- 
tion, die on the calendar every two years. After a brief session the 



262 STATE LEGISLATURES [§ 170 

Legislature adjourns, and the business of one coordinate branch of 
the State government is absolutely abandoned for a whole biennium, 
unless the Legislature is convoked in an expensive extraordinary ses- 
sion by the governor. It is as if the head of an important department 
of some big business should give only 50 days every two years to its 
management. 



" For myself, I can see no good reason why this new idea of govern- 
ment by commission should not be adopted for the transaction of the 
business of the State. Two years ago I suggested a single legislative 
assembly of thirty members from thirty legislative districts. I am 
now inclined to believe that this number is too large and that a legis- 
lative assembly of one, or at most two, from each Congi-essional dis- 
trict would be amply large. My judgment is that the governor should 
be ex officio a member and presiding officer of this assembl}^, and that 
it should be permitted to meet in such frequent and regular or ad- 
journed sessions as the exigencies of the public business demand; that 
their terms of office be for four or six years, and that they be paid 
salaries sufficient to justify them in devoting their entire time to the 
public business. Such a legislative assembly would not, I believe, be 
more expensive than our present system. It would centralize the 
responsil)ility and accountability, and under the check of the recall 
would be quickly responsive to the wishes of the people." ^ 

Bibliography 

Reinsch, Paul S. American Legislatures and Legislative Methods. 

1907. 
Sheldon and Kiegan. Legislative Procedure in the Forty-Eight 

States. Nebraska Legislative Reference Bureau, Bull. No. 3, 1914. 

iSo far the State of Kansas has taken no serious action upon this recom- 
mendation, but the question has been voted upon by the people of two other 
States, Oregon and Oklahoma. In Oregon an initiative amendment to abolish 
the State senate was defeated by the people at the November election, 1914. 
In Oklahoma an initiative amendment to establish a one-body legislature of 
80 members was voted on at the same time. The vote in favor of the amend- 
ment was 94,636, that against it only 71,742, but since 94,636 was not a ma- 
jority of all the votes cast at tliat election the amendment was lost because 
Oklahoma requires a majority of the total number of votes cast at the election 
to amend its constitution. 



QUESTIONS 263 



Questions on the Text 

1. By what name is the legislature of the State in which you live 
known ? The upper house ? The lower house V 

2. How many members are there in the upper house of the legis- 
lature of the State in which you live? The lower house? 

3. How many senators are elected from the senatorial district in 
which you live ? How many representatives ? 

4. How often does the legislature meet in the State in which you 
live? When? Is the length of the session restricted? How may an 
extra session be called ? 

5. What special privileges and immunities do State legislators 
enjoy? 

6. What salary do legislators receive in the State in which 
you live? 

7. What restrictions are there upon the legislative powers of the 
legislature of the State in which you live ? 

8. What legislative power may counties, townships, and cities 
exercise ? 

9. Mention a number of subjects which may be legislated upon by 
State legislatures. 

10. How are the two houses of a State legislature organized and 
what control have they over their own members? 

11. Who is the presiding officer of the lower house in the State in 
which you reside? Of the upper house? How are they selected? 
What powers do they have? May they vote? 

12. Name some other legislative officers. 

13. How are committees chosen? Name several important com- 
mittees of the legislature of the State in which you live. Do all State 
legislatures have the same kind of committees? 

14. What is the defect of our committee system, according to ex- 
Governor Sulzer of New York ? 

15. What is a joint committee ? 

16. Explain how committee hearings are conducted in Massachu- 
setts. 

17. How are bills proposed ? 

18. What is a legislative reference bureau ? Does the State in 
which you live have one ? 

19. Who may introduce bills? What restrictions do some legisla- 
tures have regarding the introduction of bills ? 



264 STATE LEGISLATURES 

20. Name the stages through which a bill passes in becoming 
law. 

21. What is meant by lobbying ? How does Wisconsin regulate the 
practice of lobbying? 

22. Explain the referendum. The initiative. Does the State in 
which you live have either or both ? 

23. Explain Governor Hodges' criticism of State legislatures and 
his proposed rernedy for the evils of the present system. 

Questions for Discussion 

1. Bound the senatorial district in which you live. Who is your 
State senator? 

2. Bound the house district in which you live. Name your repre- 
sentative or your representatives. 

3. Has the State in which you live been " gerrymandered " for the 
advantage of either party, or for the advantage of the rural districts 
over the cities? 

4. If the salary of a State legislator is low it will not prevent 
candidates who have special interests from seeking election, but what 
effect does the low salary have upon one who is not backed by any 
special interests? Will a legislator who receives a low or a high 
salary be more likely to vote as the people desire ? 

5. State constitutions commonly restrict the session of State legis- 
latures to 60 days, which means that bilk must be passed or rejected 
because of the calendar rather than after due consideration. Would 
it not be well for all States to pay their legislators by the year and 
permit them to prolong the session as long as need be? 

6. In the United States there are 48 State legislatures. Do you 
think this is too many? For instance, if one legislature made laws 
for all New England, would it not save expense and the confusion 
resulting from six different sets of laws? 

7. Pennsylvania employs 257 legislators divided into a senate and 
a house, a governor, and a supreme court to provide its laws. The 
two legislative bodies are supposed to check each other; the governor 
with his veto checks them both ; and the supreme court checks them 
all by decisions as to the constitutionality of legislative acts. The 
salary of the legislators alone amounts to about ^400,000 annually. 
According to the recommendations of ex-Goveruor Hodges of Kansas 
how might this method of lawmaking be improved ? 



QUESTIONS 265 

8. Experienced legislators cannot be elected, but they can be re- 
elected until they become skilful legislators. What is the inference 
of this statement? 

9. The National Voters League prepares a bulletin, called the 
" Searchlight on Congress," which gives the votes of each congressman 
upon all important measures that come up during his term of office. 
Is there any organization in the State in which you live to inform you 
as to the record of your State legislators ? Should there be ? 

10. If possible examine a copy of the acts of the legislature and 
mention a few of the laws passed at its last session. (Any lawyer, 
court clerk, or justice of the peace should have a copy.) 

11. Do you think a legislator should vote according to the will of 
the majority of his constituents or that he should use his own discre- 
tion regardless of their wishes ? 

12. Why may one fifth of the members voting in either house of 
the State legislature demand that the vote of each member be recorded 
in the journal? 

13. The constitution of Idaho (Art. V, Sec. 25) requires the judges 
of her trial courts to report annually to her supreme court such defects 
and omissions in the State constitution or statutes as they have 
observed. The supreme court considers these suggestions and makes 
recommendation to the governor for suitable legislation. Do you 
favor this practice? 

14. Draft a bill in due form for the enactment of any law which 
yon would like to see passed by your State legislature. Be careful to 
prepare a measure which does not conflict with any higher law. The 
wording should begin : " Be it enacted by the legislature of the State 
of , that," etc. 



CHAPTER XX 

STATE GOVERNORS 

171. The Office of Governor. — Every State has a governor 
as its chief executive officer. He is elected by the voters of 




Governor's Mansion, Annapolis, Maryland. 

the State. ^ During colonial days the royal governors did the 
bidding of the King and often merited the dislike of the 
people. When the colonists grew weary of British rule their 
legislatures were able to protect them against despotic acts of 
the governors. 

Thus when they gained their independence they naturally 

1 In Mississippi the Governor must receive a majority of the popular votes 
of the State as in all other States, hut in addition to this requirement he must 
receive a majority of popular votes in more than half of the districts from 
which representatives are elected for the most numerous branch of the 
legislature. 

266 



§171] 



THE OFFICE OF GOVERNOR 
State Governors 



267 



State 



Capital 



Teem of 
Sekvice 
(years) 



Salary 



Alabama . . 
Arizona . . 
Arkansas . . 
California . 
Colorado . . 
Connecticut. 
Delaware 
Florida . . 
Georgia . . 
Idaho . . . 
Illinois • . 
Indiana . . 
Iowa . . . 
Kansas . . 
Kentucky . 
Louisiana 
Maine . . . 
Maryland 
Massachusetts 
Michigan . . 
Minnesota . 
Mississippi . 
Missouri . . 
Montana . . 
Nebraska . 
Nevada . . 
New Hampshi] 
New Jersey . 
New Mexico 
New York . 
North Carolin; 
North Dakota 
Ohio . . . 
Oklahoma . 
Oregon . . 
Pennsylvania 
Khode Island 
South Carolin 1 
South Dakota 
Tennessee . 
Texas . . . 
Utah . . . 
Vermont . . 
Virginia . . 
Washington 
West Virginia 
Wisconsin . 
Wyoming 



Montgomery 
Phoenix 
Little Rock 
Sacramento 
Denver . . 
Hartford . 
Dover . . 
Tallahassee 
Atlanta . 
Boise . . 
Springfield 
Indianapolis 
Des Moines 
Topeka 
Frankfort 
Baton Rouge 
Augusta . 
Annapolis 
Boston • . 
Lansing . 
St. Paul . 
Jackson . 
Jefferson City 
Helena . . 
Lincoln 
Carson City 
Concord . 
Trenton . 
Sante Fe . 
Albany 
Raleigh 
Bismarck . 
Columbus 
Oklahoma City 
Salem . . 
Harrisburg 
Providence 
Columbia . 
Pierre . . 
Nashville . 
Austin . . 
Salt Lake City 
Montpelier 
Richmond 
Olympia . 
Charleston 
Madison . 
Cheyenne . 



$ 5,000 and 

4,000 

4,000 and 
10,000 and 

5,000 

5,000 

4,000 

6,000 and 

5,000 and 

5,000 
12,000 and 

8,000 

5,000 

5,000 and 

6,500 and 

7,500 and 

5,000 

4,500 and 
10,000 

5.000 

7,000 

5,000 and 

5,000 and 

5,000 and 

2,500 and 

7,000 and 

3,000 
10,000 

5,000 and 
10,000 and 

5,000 and 

5,000 and 
10,000 

4,500 

5,000 
10,000 and 

3,000 

3,000 and 

3,000 

4,000 and 

4,000 and 

6,000 

2,500 

5,000 and 

6,000 and 

5,000 and 

5,000 and 

4,000 and 



residence i 

house rent 
residence 



residence 
residence 



residence 



residence 
residence 
residence 

residence 



residence 
residence 
residence 
residence 
residence 



residence 
residence 
residence 
residence 



residence 

residence 

residence 
residence 



residence 
residence 
residence 
residence 
residence 



1 Furnishings, heat, and light are usually supplied, and the wages of ser- 
vants are paid in some States. 



268 STATE GOVERNORS [§ 172 

regarded governors with suspicion and looked upon the legis- 
latures as guardians of their liberty. Therefore governors 
were granted little power in the early constitutions. In ad- 
dressing the Federal Constitutional Convention of 1787 Madison 
said, " The executives of the States are in general little more 
than ciphers ; the legislatures are omnipotent." 

However, the public have gradually lost confidence in their 
State legislatures because the character of the legislators has 
deteriorated. This is due to the fact that the States extended 
suffrage more rapidly than they educated the voters in the 
proper use of the ballot. Prejudice against governors has 
disappeared, and it is realized that it is easier to elect one 
honest and effi^cient leader who can be held responsible to the 
people than it is to elect numerous responsible legislators. 

So, recently the governors have been regarded as the guar- 
dians of the people's liberty. Such governors as Eoosevelt and 
Hughes of New York, LaFollette of Wisconsin, and Woodrow 
Wilson of New Jersey, have exalted the office of governor in 
the public mind ; and constitutional changes have increased 
the legal powers of the occupant. 

172. The Governors' Powers. — The powers of a governor are 
usually classified under three heads : (1) executive powers, 
such as appointing officers and seeing that the civil and crim- 
inal laws of the State are enforced ; (2) legislative powers, 
such as sending messages to the legislature and vetoing objec- 
tionable laws ; and (3) judicial powers, such as pardoning 
persons convicted of crime. 

173. Executive Powers of the Governor. — A State constitu- 
tion almost invariably provides that the governor shall take 
care that the laws of the State are faithfully executed, but to 
him is never given power for the performance of this duty as 
is given to the President of the United States. (See Sec. 63.) 

Practically all of the most important State officers, such as 
the secretary of state, attorney general, auditor, and treasurer 
are elected by the people. Judges are elected by the people 
in most States. Sheriffs and state's attorneys are elected 



§173] 



EXECUTIVE POWERS OF THE GOVERNOR 



269 



by the people with few exceptions. Thus, the governor is 
merely one of a number of officers whom the people elect to 
enforce the laws, and if the other officers do not perform their 
duties in an efficient and honest manner the governor is often 
helpless. 

A story is told of a sheriff who permitted a prisoner to be 
taken from his jail and lynched. The governor wrote a letter 
to the sheriff repri- 
manding him for his 
neglect of duty. The 
sheriff promptly re- 
plied by telling the 
governor to mind his 
own business ; that 
he was responsible to 
the people of his 
county who had 
elected him and to 
nobody else. Accord- 
ing to the law of his 
State the sheriff was 
right. It may be said 
that a governor is the 
captain of a Ship of 
State which is navi- 
gated by a crew that he 
does not select, and over which he has few powers of command. 

As commander-in-chief of the State militia the governor has 
a real power. When a riot occurs, when a prisoner is in dan- 
ger of being lynched, or when a strike cannot be handled by 
local officers the governor may call out the militia. 

State Police. — A few of the States have regular State police. 
For example, the governor of Massachusetts has a small body 
of State police to assist him in the enforcement of the State 
laws. It acts as a detective force to aid in the suppression of 
disorder and in the enforcement of criminal laws. It also per- 




t'drlcrivona d- Unai rnooa, N. Y. 

Mounted Squad of Pennsylvania 
Constabulary. 



270 



STATE GOVEKNORS 



[§173 



forms such other functions as the inspection of factories and 
the investigation of fires. The governor of Texas has four 
companies of Rangers consisting of twenty-two men each to 
patrol the border. He appoints their captains and may order 
them where needed. The most famous body of State police is 
the Pennsylvania Constabulary. 

Pennsylvania Constabulary. — The Pennsylvania department 
of police, called " the constabulary" (body of constables), was 

created by the legisla- 
ture in 1906. It con- 
sists of a superintendent 
and 228 mounted police 
and officers, ninety per 
cent of whom have 
served in the United 
States army and pos- 
sess excellent discharge 
paj^ers. Previous to the 
creation of this depart- 
ment the governor was 
supposed to maintain 
peace and order 
throughout the entire 
State of Pennsylvania 
(45,000 square miles) 
with no one to assist him but his secretary and stenographer, 
as one governor jocularly remarked. 

This Pennsylvania police force is divided into four com- 
panies, and each occupies a barrack in a different section of 
the State. The force not only acts upon the orders of the 
governor but cooperates with local peace officers of any com- 
munity. In general, the duties of the force are to maintain 
order in communities where strikes occur; raid disorderly 
resorts, gambling houses, and " speak-easies " ; pursue crim- 
inals ; detect " black hand " miscreants ; act as game and fish 
wardens ; and extinguish forest fires. Though these police 



",^0^ 


"^Ifc 


k 


' 


fr"9B 




Hi' /i . 


it iiiiM ^g 


^ 




y 




* •: 


wm-:- 





Pennsylvania Constabulary off 
Answer a Hurry Call. 



§ 174] LEGISLATIVE POWERS OF THE GOVERNOR 271 

ordinarily move about on horseback, they sometimes answer 
emergency calls in automobiles and often disguise themselves 
as civilians and as miners. 

Appointments. — The power of the governor to make appoint- 
ments is slightly on the increase, though he usually does not 
have power to remove most of those whom he appoints ; and 
as the appointments are distributed through his term he is 
appointing as many officers to serve for his successor as for 
himself. 

174. Legislative Powers of the Governor. — The governor is 
considered the head of the executive branch of government, 
yet his legislative powers have increased more rapidly than 
his executive powers. He has three legislative powers : 
(1) to send messages to the legislature, (2) to call an extra 
session of the legislature, and (3) to veto bills passed by the 
legislature. 

Governor's Messages. — The message power has not been 
used by governors to the extent that the constitutions allow. 
A weak governor will send a formal message to the legislature 
when it meets, recommending legislation which the annual 
reports of the State officers bring to his attention. His mes- 
sage is read to the two houses sitting together, and the various 
recommendations are distributed to the appropriate legislative 
committees by the Speaker of the House of Representatives. 
This is often the end of the matter. The governor has done 
" his duty " — no more. 

A strong governor will send a number of short messages, 
and " get back of them " — one at a time. In fact, a governor 
has the right to make his recommendation in the form of a bill 
if he chooses, but it is wiser to take a number of members into 
his confidence and have a chairman of a legislative committee 
introduce a bill containing his ideas. 

In 1913 the Illinois House of Representatives adopted a 
rule providing that a bill which a governor has had introduced 
shall have precedence in the consideration of the house over 
all other measures except appropriation bills. 



272 STATE GOVERNORS [§ 175 

Extra Sessions. — For any reason that a governor thinks suffi- 
cient he may call an extra session of the legislature. When 
Roosevelt was governor of ISTew York he recommended a certain 
tax reform when the legislature was in session. The legis- 
lature failed to enact it, therefore he called them back in extra 
session to consider this particular bill. The governor of 
Colorado called a sj)ecial session to consider the settlement 
of large labor strikes. Extra sessions are rather common, 
especially in Alabama, where the legislature meets in regular 
session only once in four years. 

The Veto. — With the exception of Xorth Carolina all States 
give the governor power to veto bills passed by the legislature, 
though such veto may be overridden by a subsequent vote of 
the legislature.^ When a bill is sent to the governor for his 
signature he is allowed a period varying from three to ten 
days in which to consider it before taking action. In case the 
governor does not approve of a bill he may veto it in its 
entirety, but in South Carolina and Washington he is allowed 
to veto any portion of any bill if he so desires. 

In order to check extravagance most of the States allow the 
governor to veto specific items in a general appropriation bill. 
However, this power of the governor encourages legislators to 
vote appropriations in excess of the revenues in order to comply 
with the wishes of the various institutions seeking State aid, 
and thus " put it up to the governor " to veto numerous items 
so that the total amount appropriated will come within the 
revenues of the State. 

175. Judicial Powers of the Governor. — Nearly all of the 
governors have some power of mercy towards persons accused 
or convicted of crime. It may be to remit fines, to shorten 
jail or penitentiary sentences, to pardon a prisoner conditionally 
or absolutely, to postpone the execution of a death sentence, or 

1 In two thirds of the States the legislatures are permitted to override the 
veto of the governor by the repassage of a vetoed bill with a two-thirds vote in 
each house. In Delaware, Maryland, and Nebraska a majority of three fifths 
is required, and in a few States a bare majority is sufficient to overcome his veto. 



175] 



JUDICIAL POWERS OF THE GOVERNOR 



273 



to change a death sentence to a penitentiary sentence. That 
is, a governor may have all or some of these powers, but these 
powers are commonly shared by a State board of pardons, 
Eecently a governor of New York pardoned a prisoner on 
condition that he would not make capital of his notoriety by 
posing for motion pictures or on the vaudeville stage. 

The primary purpose of the pardoning power is to release 
prisoners who have been proved innocent after being sentenced ; 




A Room in the White House. 

This scene shows prominent men who attended the First Governors' 

Conference. 



but one governor pardoned some hundreds of prisoners because 
he thought the penitentiary as then conducted would do the 
convicted persons more harm than good, and another pardoned 
about a thousand because he thought the sentences were out of 
proportion to the offences. This arbitrary use of the pardon 
power is dangerous because it encourages the so-called " lynch 
law." If one man can overturn the opinions of many jurors 
there is danger that the people will take the enforcement of 
law into their own hands. 



274 STATE GOVERNORS [§ 176 

176. Conference of Governors. — In 1908 President Eoosevelt 
called a Conference of Governors at the White House to confer 
in regard to the conservation of the natural resources of the 
nation. Since then the governors have held annual conferences 
at one of the State capitals for the purpose of discussing uni- 
form laws, interstate good-will and the interchange of State 
experience. The conference is sometimes called the " House 
of Governors." It has a permanent secretary who is paid by 
small appropriations made by the various State legislatures. 

This conference is of course extra-legal and its actions are 
not binding upon any State. 

177. Executive Officers More or Less Independent of the 
Governor. — In most States the following offices exist and the 
officers are more or less independent of the governor : 

The Lieutenant-Oovernor serves when a governor is absent 
from his State or incapacitated for duty. He is ex officio presi- 
dent of the Senate and in most States succeeds to the governor- 
ship if for any reason the office becomes vacant. 

Tlie Secretary of State is the chief clerk and records the 
official acts of the governor and legislature, has charge of vari- 
ous State papers and documents, and performs other mis- 
cellaneous duties. 

The State Comptroller or Auditor has charge of the State 
finances. He estimates the amount of revenue needed by the 
State, enforces the collection of taxes, and sees that no money 
is expended contrary to law. 

Tlie State Treasurer receives the State moneys for safe keep- 
ing and pays them out only upon warrants (orders) from the 
comptroller or auditor. 

T7ie Attorney-General is the principal law officer of the State. 
He gives legal advice to the governor and other executive 
officers, and represents the State in court. 

The Superintendent of Public Instruction is the head of the 
public school system of the State. 

Additional officers, such as the following, exist in the several 
States according to their needs : banking commissioner, insur- 



QUESTIONS 275 

ance commissioner, industrial commissioner, factory commis- 
sioner, highway commissioner, health commissioner, public 
service commissioner, etc., etc. 

Bibliography 
FiNLEY, John H., and Sanderson, John F. American Executive 

and Executive Methods. (American State Series.) 1908. 
Proceedings of the Annual Conference of Governors. 

Questions on the Text 

1. By what title is the chief executive officer of each State known ? 

2. What did Madison mean when he said, " The Executives of 
the States are in general little more than ciphers; the legislatures are 
omnipotent " ? Does this condition remain true ? 

3. How do the powers of a governor compare with those of the 
President ? 

4. What executive powers has the governor? 

5. What is meant by the statement that " a governor is the 
captain of a Ship of State, which is navigated by a crew that he 
does not select, and over which he has few powers of command "? 

6. Describe the manner in which the State police of several States 
assist the governor in enforcing the laws. By what name are these 
police known in Pennsylvania ? 

7. Is the appointive power of the governor on the increase or 
decrease ? 

8. Have the legislative or executive powers of the governor in- 
creased more rapidly ? 

9. Name the three legislative powers of the governor. 

10. Explain the use which a strong governor makes of messages. 

11. Under what circumstances does a governor call an extra 
session of the legislature ? 

12. Under what condition may a bill become law in the State in 
which you live if vetoed by the governor? 

13. What advantage results from the power possessed by most 
governors to veto specific items in appropriation bills? What un- 
pleasant duty is often shifted from the legislatures to the governor as 
a result of this power ? 

14. Wliat judicial powers has a governor? 

15. Under what conditions should a governor grant pardons? 



276 STATE GOVERNORS 



Questions for Discussion 

1. Who is the governor of the State in which you live? May he 
succeed himself as governor ? 

2. In New Jersey no executive officers of the State are elected by 
the people except the governor. With all the interest centred in the 
governor it is easy for the people to express intelligent opinions at 
the polls. Would you favor having the State executive officers 
appointed by the governor ? 

3. The People's Power League in Oregon proposed a constitutional 
amendment giving the governor power to appoint a cabinet consist- 
ing of all State executive officers who are now elected and also all 
sheriffs and district attorneys throughout the State — the latter, how- 
ever, being subject to a recall by the local electorate. This scheme 
also provides for a legislature of one house in which the governor and 
his cabinet have a right to propose their measures and take part in 
debates. It further proposes that the governor may introduce the 
appropriation bill which might not be increased by the legislature 
but might be reduced. What do you consider the merits and de- 
merits of this scheme ? 

4. Governor Wilson of New Jersey broke all precedents by appear- 
ing at legislative hearings and by participating in the meetings of 
members of the legislature. He urged the passage of ^' administration 
bills ■' and " took the stump " when his measures were not passed. 
By the force of " pitiless publicity " this independent and courageous 
governor forced the legislature to give what legislation the people 
desired. Do you favor this type of governor? 

5. New Jersey has no lieutenant-governor. The president of the 
Senate becomes governor if the elected governor dies or resigns. 
Does the State in which you live need a lieutenant-governor? 

6. What executive officers are elected in the State in which you 
live besides the governor? 

7. In 1913 the Illinois House of Representatives adopted a rule 
providing that a bill which the governor has had introduced shall 
have precedence in the consideration of the House over all other 
measures except appropriation bills. Would you favor similar action 
by the lower house of the legislature in the State in which you live ? 

8. Twenty-seven of the States maintain residences for their 
governors. Is the State in which you live one of them ? 

9. When a new governor elected on a party platform finds an 



QUESTIONS 277 

orgaDized opposition in the legislature, what steps can he take to 
carry out the platform pledges? 

10. In comparing the executive powers of the governor with those 
of the President we find the governor at a great disadvantage. The 
present population of a number of States is greater than that of the 
Nation when the United States Constitution was framed, and the 
number of State employees (10,000 in New York State) and of State 
functions is much greater than those of the Federal government dur- 
ing Washington's administration. What changes would have to be 
made by your State to give the governor the same control over State 
administration that the President has over federal administration ? 



CHAPTER XXI 
STATE COURTS 

178. Dual System of Courts. — Each of the forty-eight States 
of the Union has its own system of courts to interpret its laws, 
apply them to controversies brought into court, and to ad- 
minister justice. The primary duty of the highest State courts 
is to interpret the laws and that of the lower courts to apply 
them to the controversies brought to them for settlement. 

Besides these State courts, and independent of them, is a sys- 
tem of federal courts extending throughout the United States. 
These federal courts have jurisdiction of a limited class of 
cases enumerated in the Constitution of the United States. 
(See U. S. Constitution, Art. Ill, Sec. 2.) The State courts 
hear all other cases. 

179. Organization of State Courts. — The lowest courts of each 
State are commonly called Justices' Courts. Each township 
or other local district has at least one such court presided over 
by a magistrate, usually called the justice of the peace. He 
generally has jurisdiction ^ over most misdemeanor cases ^ and 
small controversies between man and man — civil cases ^ — con- 

1 Jurisdiction (Lat. jiis and dictio) is the right or power of a court to hear 
and determine cases brought before it. 

2 Crimes are of two kinds, misdemeanors and felonies. A felony is the 
greater crime and may be punished by death or imprisonment ; a misdemeanor 
is the lesser crime and is punished by a line or a relatively short term in jail. 

3 A civil case is a suit brought by one person against another for the enforce- 
ment or protection of a private right, or for the prevention or redress of a 
private wrong. It is distinguished from a criminal case, which is a suit 
brought by the State against one who is accused of having committed a crime. 
Officers of the government always prosecute the accused in a criminal case. 
(See Sec. ]84.) In a civil case the counsel (lawyer) must usually be paid by 
the person who employs him. 

278 



§ 179] ORGANIZATION OF STATE COURTS 279 

cerning money demands (seldom over $50 or $100), the owner- 
ship of personal property and wrongs or injuries to property. 
He is generally denied jurisdiction to determine questions of 
title to real estate, titles to office, torts to the person, and other 
like matters of great importance. 

Above these local courts are County Courts (called Courts of 
Common Pleas, or District Courts in some States) which have 
jurisdiction of civil cases involving greater sums, and of major 
misdemeanors and minor felonies, or of all felonies. Appeals 
from the judgments of the justices of the peace can be taken to 
these County Courts unless it is a matter of the most minor 
character over which the justice of the peace has final jurisdic- 
tion. 

In many States Superior Courts exist above the County 
Courts. These are commonly called Circuit Courts because 
the judge goes on circuit to the county seats of the counties 
composing his circuit. In some States these Circuit Courts 
take the place of the County Courts. These courts have juris- 
diction over civil cases involving unlimited sums and over 
major felonies, or allf clonics, in many States. 

As the capstone to a State's judicial system there is always 
one appellate court of last resort, the name of which varies 
from State to State. For instance, in some States it is known 
as the " Court of Appeals," and in others as the " Supreme 
Court of Appeals." This court is appellate because practically 
all of its cases are appealed to it from the lower courts, few 
if any originating in it. 

In addition to the regular State courts just enumerated, 
nearly half of the States have a special court for each county 
known as the Probate Court (called Orphans' Court or Surro- 
gate Court in some States) to probate (prove) wills and qualify 
executors to execute the wills, or to appoint administrators to 
administer the estates of persons who have died intestate (with- 
out a will). In the other States the County C'ourts usually per- 
form these functions. 

Every State provides special courts for its cities, especially 



280 



STATE COURTS 



[§179 



its larger cities, which, are known as municipal courts. There 
is usually a Police Court to try persons who have violated city 
ordinances or minor criminal laws of the State which would 
ordinarily come before a justice of the peace. There are in 
some cities special Civil Courts to hear minor civil cases which 
would ordinarily be heard by a j ustice of the peace. In a 
large city there is one special court, or more, of equal rank 





1 

1': 



Night Court for Women, New York City. 



with a County or a Superior Court from which appeals may be 
taken directly to the appellate court of last resort. 

A few cities have Domestic Relations Courts to settle family 
quarrels, as between man and wife, parents and child, adult 
and child. New York City has a Night Court for women, 
where all women arrested on the streets for drunkenness or 
other minor offences are tried immediately so as to prevent un- 
due publicity. Women officers are present to whom the guilty, 
especially girls, are turned over in the hope of reforming them. 



179] 



ORGANIZATION OF STATE COURTS 



281 



Juvenile Courts to try children have recently been established 
in- many cities. In times past children were tried by the same 
court as adults, and were sent to the same prisons, where they 
learned the vices of hardened criminals. To-day these special 
Juvenile Courts are supposed to be presided over by judges 
who are especially interested in the welfare of children. In- 
stead of sending a bad or criminal child to the jail or peniten- 




JUDGE LiNDSEY HOLDING HiS JUVENILE CoURT, DENVER, COLORADO. 



tiary the judge gives him over to a State reformatory unless he 
himself can save him by good advice and the help of a probation 
officer, who watches the children that have been found guilty of 
minor offences and released on probation (good behavior). 

In a very short time one forenoon the judge of a Juvenile 
Court disposed of the following four cases. No. 1 was a fight 
between two small colored boys. The mother of the larger boy, 
being present, was directed to go into an adjoining room and 
whip her boy in the presence of an officer. No. 2 was a white 
girl brought by her own parents. The girl, agreeing to do 



282 STATE COURTS [§ 180 

better, was directed to return to her home and to report weekly 
to a woman probation officer. No. 3, a colored girl, who had 
previously been on probation, was accused of stealing. She 
was turned over to the State Board of Charities and Corrections. 
No. 4, a young colored man accused a colored boy of annoying 
his " place of business," a shoe-shining stand. Their state- 
ments conflicted. When one referred to a reputable witness 
they were ordered to return three days later with the witness. 

180. State Judges. — State courts are usually conducted by 
one judge, except the appellate court of last resort, which con- 
sists of three, Ave, seven, or nine judges, five being the more usual 
number. These judges are chosen in one of three ways : elected 
by the voters, chosen by the legislature, or appointed by the 
governor with the consent of the senate. Their term of office 
varies from one year to life or good behavior, the judges of 
the higher courts having longer terms than those of the lower 
courts. Salaries vary from nothing (merely fees) for justices 
of the peace to $17,500 for judges of the New York Supreme 
Court in New York County. The principal duty of a judge 
is to decide points of law, and also points of fact if there is no 
jury, and to issue orders for the enforcement of his decisions. 
He often performs other duties, such as appointing certain 
local officers, issuing liquor licenses, and serving on local boards. 

181. Juries. — A jury is a number of men selected according 
to law, and sworn to declare the truth on the evidence laid be- 
fore them. There are two kinds of juries^ — the grand jury 
and the petit, or trial, jury. 

The Grand Jury. — A grand jury is a body of persons sum- 
moned into a court to consider the evidence against persons 
accused of crimes, and to determine whether the evidence is 
sufficient to justify a formal trial for such persons. This jury 
consists of twenty-three jurors or less, according to the State 
law and the importance of the charges to be investigated. In 
most States it consists of more than twelve jurors, of which 

1 The so-called coroner's jury is not a real jury. See Section 191. 



§ 181] JURIES 283 

at least twelve must agree that an accused person is probably 
guilty or he cannot be held for trial, but in some States it may 
consist of as few as six. When the jury consists of as few as 
six jurors live must agree or the accused cannot be held for 
trial. 

When a grand jury is empaneled (selected) the judge in- 
structs the jurors to find a true hill of indictment (charge) 
against all persons whom the prosecuting attorney brings to 
their attention and whom they think probably guilty. He fur- 
ther instructs them to bring a present7nent (accusation) against 
any person whom they of their own knowledge believe to have 
violated the criminal laws of the State within their county. 
They swear or affirm that they will do so, and retire to the 
jury room where they deliberate in secret. The chairman of 
the jury, who is appointed by the judge or chosen by them- 
selves, is known as the foreman. 

The prosecuting attorney for the county brings into the 
jury room witnesses to testify against the accused and usually 
questions them himself, but after he retires the jurors may re- 
summon the same witnesses and question them further or may 
have the court summon other witnesses to testify against the 
accused. Nobody is allowed in the room with the jurors 
except the prosecuting attorney, and in some States his 
stenographer. All are bound to secrecy. 

After all witnesses have been summoned and questioned the 
jurors are left entirely alone to deliberate, and when they have 
completed their finding they proceed to the court-room and 
their bill of indictment is read in their presence. The bill is 
recorded in the clerk's office and the jury is dismissed if the 
term has expired ; or, if the term has not expired, it is ad- 
journed until the court needs it again to investigate other 
accusations.^ 

1 It is not uncommon for a State to impose upon the grand jury duties 
other than the consideration of evidence against accused persons. For 
instance, they may be required to approve the erection of public buildings 
and bridges in Pennsylvania, fix the tax rate in Georgia, investigate the 



284 STATE COURTS [§ 181 

In a peace-abiding county one grand jury a year is often 
found to be sufficient, whereas in counties where large cities 
are located there must either be a number of grand juries 
during the year or else the same grand jury must sit from 
time to time during several months. 

The Petit Jury. — A petit or trial jury is a group of persons 
summoned ir^to court to hear the evidence on both sides of 
a case and to decide the disputed points of fact, the judge in 
most States deciding the points of law. This jury tries both 
civil and criminal cases. Any one may usually demand a jury 
trial if the question of life, liberty, or property is at stake. 

The number of petit jurors is usually twelve, but in a num- 
ber of States a lesser number is sufficient in civil cases and 
minor criminal cases. In the court of the justice of the peace 
six jurors or less is the rule, though in several States this 
court, too, may have twelve jurors. 

In nearly one third of the States an agreement of two 
thirds, three fourths, or live sixths of the jurors is sufficient 
for a verdict in civil cases or unimportant criminal cases. In 
the remaining States a unanimous verdict is required even in 
unimportant cases. 

The Grand Jury and the Petit Jury Compared. — The same 
courts that have grand juries to accuse have petit juries to try 
the accused. But some courts which do not have grand juries 
do have petit juries. For instance, in most States Justices' 
Courts may use petit juries, though they nowhere have grand 
juries ; and courts which have no criminal jurisdiction have 
no need of grand juries. Appellate courts of last resort 
do not use either grand or petit juries because they are con- 
cerned primarily with points of law which have been appealed 
to them from the lower courts. A grand jury investigates all 
indictable offences committed during its existence, and hears 
only accusations, never defences. 

sufficiency of the bonds of county officers in Alabama and Tennessee, arrest 
persons selling liquor contrary to law or arrest intoxicated persons in 
Vermont. 



§ 181] JURIES " 285 

Selection of Jurors. — In scarcely any two States are jurors 
selected in exactly the same manner, but in all they are 
selected in a similar manner. Once a year, or oftener, some 
county official! or special jury commissioners, appointed or 
elected as the law prescribes, prepares a considerable list of 
persons who are eligible for jury service. In some States any 
qualified voter of the county in which the court is sitting 
is eligible, while in others only tax-payers may serve. 

In the former States the names can be obtained from the 
poll books and in the latter from the tax assessors' books. 
Persons under twenty-one and those over sixty or seventy 
years of age, criminals, illiterates, and women are commonly 
ineligible. In most States other classes of persons, such as 
State and federal officials, professional men, foremen, firemen, 
and State militiamen, are not required to serve. 

Although a juror receives a small fee for each day he serves, 
most persons endeavor to avoid jury service. A story is told 
that in a certain large city every man " with any brains," 
other than those exempt from jury service, was found to be an 
honorary member of the State militia, and in another town the 
voluntary fire company monopolized the "brains" of the town. 

The chosen names are written on slips of paper and placed 
in a locked jury box,^ which is usually kept in the custody of 
the clerk of the court. When the court needs a jury the 
names are drawn from the box by a designated official,^ and 

1 This official is usually the clerk of the court, the sheriff, the judge, or 
county hoard of commissioners. In the New England States and Michigan 
names of jurors are selected by township ("town") officers and sent to a 
county officer. 

2 In New Jersey the chancellor (highest judge) appoints a jury commis- 
sioner for each county who is of the opposite party to the county sheriff. 
These two are commissioners of juries and they select names of eligible per- 
sons as in other States, but instead of putting the names in the jury box 
they are numbered consecutively from one up, and a piece of metal with a 
corresponding number is placed in the box instead of the name. 

3 In North Carolina the names must be drawn from the jury box by a 
child under ten years of age. In many States the clerk or whatever officer 
draws the names must be blindfolded. 



286 STATE COURTS [§ 181 

the sheriff is directed to summon such persons "by a writ 
known as a venire facias. After eliminating the names of 
those who, for good reason, cannot serve he makes a list of 
those who can serve and returns it to the clerk. The list is 
known as t\iQ panel of veniremen. 

Grand jurors are commonly selected in the same manner as 
petit jurors, but in some States a separate list of names is 
prepared from which grand jurors are selected. Jurors for 
the justices' courts are commonly selected by the justice him- 
self. 

Sometimes a judge, at the request of the parties to a suit, 
directs a special jury to be summoned to hear a controversy of 
peculiar importance and difficulty. The members of such a 
jury are more carefully selected and usually receive a larger 
fee than ordinary jurors, the additional compensation being 
paid by the parties to the suit. 

Bibliography 

Baldwin, Simeon E. The American Judiciary. (American State 
Series.) 1905. 

Questions on the Text 

1. What are the duties of a court? 

2. What two systems of courts are there in each State ? 

3. What classes of cases are brought into the federal courts? 
Into the State courts ? 

4. What three grades of State courts are found in every State? 

5. What is a probate court? 

6. What special courts do cities commonly have? 

7. What is a juvenile court? 

8. How are State judges chosen ? For what terms? 

9. Do judges have any duties other than interpreting law and 
deciding cases ? 

10. What is a grand jury? What is the petit jury? How many 
jurors commonly compose each ? How does a grand jury differ from 
a petit jury ? 

11. Does the highest State court have jury trials? 



QUESTIONS 287 

12. Who serve on juries and how are they chosen ? 

13. What is meant by a true hill of indictment f Presentment f 
Foreman ? 

Questions for Discussion 

1. Name the courts in the State in which you live, beginning with 
the lowest. Tell how the judges for each are chosen. (For the 
above information consult your State constitution.) 

2. Name one or more judges and tell what court each presides over. 

3. Is it more important that a legislator, governor, or a judge be 
chosen for a long term? 

4. Why are citizens never justified in resorting to lynch law? 

5. " The Constitution of New Hampshire provides that when the 
governor cannot discharge the duties of his office, the president of the 
senate shall assume them. During the severe illness of a governor 
recently the president of the senate hesitated to act in his stead ; it 
was not clear that the situation was grave enough to warrant such a 
course. Accordingly the attorney-general of the State brought an 
action against the president of the senate for not doing his duty. 
The court considered the situation, decided against the president of 
the senate, and ordered him to become acting governor. Why was 
this necessary? Was it conducted in a hostile spirit? Wherein 
did the decision help the State? Wherein did it help the defendant? 
Wherein may it possibly prove helpful in the future history of the 
State?" — " Civil Government in the United States," by John Fiske. 

6. Most States elect their judges. Why do most students of 
government think it better to have them appointed by the governor 
or by the chief justice of the highest court in the State, or elected by 
the licensed lawyers in the territory in which he serves ? 

7. Jury service is so burdensome to business men of cities that 
some young men refuse to register for voting in order that their 
names may not be as easily obtained for jury service. Would you 
favor abolishing juries for civil cases and the less important criminal 
cases ? An effort is always made to have jurors w^ho know nothing 
about the case to be tried. In rural communities such persons are 
usually those who do not read the papers. Is it probable that such 
men make the best jurors? 

8. In Idaho a prisoner charged with threatening a man with a 
revolver was tried and found guilty by a jury composed wholly of 
women. Do you think men should be tried by their peers? Women ? 



288 STATE COURTS 

9. Chicago has a '^lawyerless court for the poor," which deals with 
suits where the amount in dispute is less than $35. OflBcially it is 
called the "Court of Small Claims." No lawyers are allowed; the 
judge questions the witnesses on both sides and makes the decision. 
Would you favor a " lawyerless court " in your city or county ? 



CHAPTER XXII 
CIVIL AND CRIMINAL PROCEDURE 

182. Civil Procedure. — A civil suit is one between two 
persons ^ as distinguished from a criminal case, in which the 
State is the plaintiff against a person charged with a public 
offence. There are two kinds of civil procedure — laio suits 
and equity 2 suits. 

Por instance, if one owes you a debt, does injury to your 
person or property, or violates a contract you can sue him 
at law for money damages ; but if you want to restrain 
persons from committing wrongs you must get an injunction 
(an equity writ), which will direct the individuals to refrain 
from doing the wrong, or, if a person who has property in 
trust for you refuses to pay you the income, you can sue him 
in equity. 

In cases at laiv the judge usually has a jury to decide the 
facts, and the witnesses usually testify in court ; but in equity 

1 One or both persons may be artificial, i.e. a corporation, such as the 
Pennsylvania Railroad Company or the U. S. Steel Corporation. 

2 Equity is a branch of law which developed along-side of common law. 
Most of the early English law was developed by courts instead of by parlia- 
ment. The judges of the courts in time became conservative and ceased to 
create means of obtaining justice as new conditions demanded. They had 
certain forms, called "court writs," upon which one had to state his case. 
If he could not state it on one of these forms he could not bring suit in court. 
Aggrieved persons appealed directly to the king for justice. The appeals 
became so numerous that the king created a new court, called Chancery 
Court, to administer justice by deciding in a conscientious and equitable manner 
cases in which justice could not be obtained at common law. Hence grew up 
a branch of law known as equity, with a distinct set of principles and writs. 

The American States retained these two branches of law, but in all States 
except New Jersey the same judges hear cases both at law and in equity. 

289 



290 



CIVIL AND CRIMINAL PROCEDURE 



[§182 






n 5 



n □ 
n n 



cases the judge usually decides the facts himself without a 
jury, and instead of having the witnesses in court he often 
appoints a " referee " to hear the evidence and report it to hiro 
in writing. The two kinds of suits are illustrated as they would 
proceed in Virginia, for they would proceed in a similar manner 
in other States. 

Suit at Law. — Suppose Mr. A., a passenger, has received 
bodily injury from a railroad wreck in Albemarle County, say 
on the Southern Railroad, and brings suit for $5000 damages. 

Here Mr. A. is th.e plain- 
tiff and the Southern 
Eailroad Company the 
def Aidant. Mr. A. will 
have his lawyer file his 
claim against the South- 
ern Railroad Company 
with the clerk of the court 
in Albemarle County. 
The railroad company 
will deny A.'s right to 
$5000 damages, by a plea, 
and will have its lawyer 
represent it in court. 

When the judge holds 
court in Albemarle 
County a jury will be 
empaneled unless the lawyers, known as the counsel for the 
plaintiff and defendant, are willing to dispense with a jury. 
The judge also must agree to decide the facts of the case, 
as well as the law, else the jury cannot be dispensed with. 
If a jury is empaneled it will decide all disputed facts, as, 
for example, whether Mr. A. was in fact injured, to what ex- 
tent injured, and hence how much damages he should receive ; 
whereas the judge will decide all points of law and instruct 
the jury as to the law. 

After the judge instructs the jury as to the law, the counsel 









-""" 





















Plan of A Court Room. 



§ 182] CIVIL PROCEDURE 291 

for each, side argue the facts of the case and the jury retires 
to the jury room. After deliberation, if the jury can agree 
upon the amount of damage done Mr. A., it renders a de- 
cision, called a verdict. If the jurors cannot agree, it is a 
mis-trial and the case may be tried again. The judge finally 
gives judgment in accordance with the verdict of the jury. In 
this case if the judgment is in favor of the plaintiff the defend- 
ant might appeal the case to the Supreme Court of Appeals, 
because damages exceeding $300 are involved. Or suppose 
it accepts the decision but fails to make prompt payment of 
the damages awarded ; then the clerk will issue an execution 
to the sheriff or a constable directing him to levy execution 
and sell the personal property of the defendant. If there is no 
personal property the court may authorize the sale of real estate. 

Suit in Equity. — Suppose A., a farmer, has a fresh stream of 
water running through his farm and by his house, which he 
uses to water his stock and which his wife uses for washing 
clothes. B. establishes a large creamery on this stream above 
the farm of A. The creamery empties greasy water and acids 
into the stream to such an extent that it produces a stench at 
the farmer's home, his cattle refuse to drink the water, and the 
water can no longer be used for washing clothes. 

A. will have his attorney file suit with the clerk of the court 
to enjoin (forbid) B. from emptying the grease and acids into 
the water, and the clerk will have the sheriff notify B. that suit 
has been brought. A jury is not needed to decide the facts, and 
witnesses need not appear in court.^ A master in chancery, 
notary public, or justice of the peace gets the counsel for each, 
side together at some convenient time and place to take depo- 
sitions (question and cross-question the witnesses), which, a 
stenogra^jher takes word for word. These depositions are given 
to the judge, and the counsel for the plaintiff and for the de- 
fendant argue the points of law and evidence before the judge 
in Court or in vacation. 

1 In some States the evidence would be taken in open court, the lawyers 
and judge asking questions of the witnesses. 



292 CIVIL AND CRIMINAL PROCEDURE [§ 183 

If the judge is not satisfied as to the facts perhaps he will 
go to the scene, call witnesses before him, or order the master in 
chancery to make further investigation as to certain facts. 
With the facts and the law both presented, the judge is prepared 
to render a decision, called a decree in equity cases. If the 
judge decides that the injury to A. is as claimed he will decree 
that B. must cease emptying grease and acids into the stream. 

The court costs of a civil suit such as witness fees, jury fees, 
and recording fees are usually placed by the court upon the party 
losing the case, and sometimes some costs are granted with which 
to pay lawyers, but each party usually pays his own lawyers. 

183. Crimes. — A crime is an act or omission which is pro- 
hibited by law as injurious to the public and is punished by 
the State in a proceeding in its own name or in the name of 
the people thereof. Crimes may be immoral in themselves, 
such as murder or burglary, or they may be acts considered as 
crimes only because they have been prohibited by law, such as 
exceeding the speed limit in an automobile or failing to re- 
move snow from the sidewalk. Crimes are of two degrees — 
felonies and misdemeanors. 

Felonies are crimes of a more serious character than mis- 
demeanors. They vary so much from State to State that no 
general definition of them can be given, but in many States all 
crimes which are punishable by confinement in a State peni- 
tentiary or by death are defined as felonies. The following 
crimes are almost universally classed as felonies. 

(1) Murder in the First Degree generally means the unlawful 
intentional and premeditated killing of a human being, or such 
a killing resulting from the commission or the attempt to com- 
mit one of the graver crimes such as arson, burglary, or rob- 
bery. Such crimes are punished in thirteen States by death, 
in twenty-five by death or life imprisonment, in eight by life 
imprisonment, and in two by life imprisonment or imprison- 
ment for not less than five and fourteen years respectively. 

(2) Murder in the Second Degree generally means the unlaw- 
ful intentional killing without premeditation, or such killing as 



§ 183] CRIMES 293 

a result of an attempt to commit some lesser crime. It is 
purdslied. by imprisonment varying from a minimum of two 
years in North Carolina to a maximum of life in many States, 
and even death in several. 

(3) Manslaughter is the unlawful killing of another without 
malice. The killing may be voluntary, upon a sudden heat of 
passion ; or it may be involuntary, in the commission of some un- 
lawful act or a lawful act without due caution. Many States 
divide manslaughter into two degrees. It is punished by im- 
prisonment for a term ordinarily shorter than that for murder 
in the second degree. Great discretion is given to the jury or 
judge. 

(4) Arson is the act of unlawfully and maliciously burning 
a building. It is more serious if done at night and most 
serious if an inhabited dwelling is burnt at night. 

(5) Burglary is the breaking and entering a dwelling house 
during the night, with the intent to commit a felony therein, 
whether the felony be actually committed or not. In some 
States so entering other buildings is burglary. The same 
offence is called house-breaking if committed during the day. 

(6) Bobbery is the theft of property from the person or in 
the immediate presence of the victim, accompanied by force or 
fear. 

(7) Larceny is simply theft, and Grand Larceny is the theft 
of property above a fixed value, generally from $25 to $50. 
In a number of States to steal any amount from the person of 
another without force or fear is considered grand larceny. 

Arson, burglary, robbery, grand larceny, assault with intent 
to kill, bigamy, perjury, forgery, and embezzlement are com- 
monly punished by a considerable term of imprisonment. 
Burglary and robbery may be punished by death in several 
States, arson by death in eight States, and rape by death in 
sixteen Southern States. 

Misdemeanors are crimes of a less serious character than 
felonies and, like felonies, cannot be defined by any general 
definition which will apply to all States. For instance, in 



294 CIVIL AND CRIMINAL PROCEDURE [§ 184 

Virginia offences which are punishable with death or confine- 
ment in the penitentiary are felonies ; all other offences are 
misdemeanors. In the same State the following crimes are 
misdemeanors and, in general, would be so classed in other 
States : violation of town or city ordinances, carrying concealed 
weapons, cruelty to animals, attempting to defraud a hotel 
keeper, petit larceny, which is a theft less than a grand larceny, 
setting fire to woods, etc., non-support of wife and minor chil- 
dren, permitting a gambling house on one's premises, libel, 
assault and battery. The above misdemeanors are punishable 
by confinement in jail or by fine. But such misdemeanors as 
drunkenness without disorder, profanity, or unnecessary labor 
on Sunday are punishable by fine only. In such cases if the 
person who has been fined cannot or will not pay his fine he 
may be sent to jail according to the law of many States. 

184. Criminal Procedure. — Arrest of Felons. — A private in- 
dividual may arrest a person to prevent the commission of a 
felony in his presence, or may, without a Avarrant, arrest a 
felon whom he has seen commit a felony, or may even arrest 
one without a warrant on reasonable suspicion of his having 
committed a felony, provided a felony has been committed. 

An officer of the peace (sheriff, constable, police) may do 
anything a private person may do. He should furthermore 
pursue a felon who is making his escape though he has not 
actually seen the crime committed. If the police, constables, 
or sheriff do not attempt to arrest a felon, the prosecuting 
attorney will likely take the initiative and have the suspected 
felon arrested. 

Or the injured party or any one knowing of the crime may go 
to a justice of the peace or some other magistrate who has 
power to issue a Avarrant, and by taking oath as to the crime, 
have a warrant issued for the arrest of some designated person, 
provided the magistrate is satisfied as to the truth of the com- 
plaint. The ivarrant is a written document describing the 
felon, setting forth the offence, and directing that he be brought 
before some specified magistrate, usually the one who has 



§ 184] CRIMINAL PROCEDURE 295 

issued the warrant. A policeman, constable, sheriff, or any 
other peace officer may make the arrest (" serve the warrant "), 
and bring the felon before the proper magistrate for trial. In 
making the arrest the officer may call upon any persons to 
assist him, may break into a building, or may kill the felon if 
necessary. By " necessary " is meant self-defence or prevent- 
ing the escape of one who has committed a felony. 

Arrest of Misdemeanants. — A private person may arrest 
another without a warrant to quell a breach of the peace in his 
presence, but he may not arrest one to prevent any other mis- 
demeanor ; nor may he arrest one for any misdemeanor already 
committed. A peace officer may arrest without a warrant for 
a breach of the peace committed in his presence, but for no 
other misdemeanor. The same magistrates who issue warrants 
for felons may issue them for misdemeanants, and arrests are 
made by the same officers in the same manner except that an 
officer is never justified in killing a misdemeanant fugitive, 
though of course he has the right of self-defence. 

The Commitment. — After the accused is arrested he is brought 
before the magistrate, usually the justice of the peace, except 
in cities where there is a special police justice, or in towns in 
which the mayor has the powers of a justice. If the crime is 
a misdemeanor the accused is likely tried at once. If the 
crime is a felony the magistrate gives the accused a preliminary 
hearing, and when the evidence indicates a probability of guilt 
the accused is held for the grand jury. If the crime is murder the 
accused is usually committed to jail, but otherwise, unless his 
being at large is considered especially dangerous, he is released 
until the grand jury meets, provided he can give bail.^ 

The Indictment. — The prosecuting attorney, called state's 
attorney or district attorney in some States, investigates the 

1 Bail (Old French &a^7=a guardian) is the guarantee that an accused person 
will appear for trial if allowed to go at large. It is a sum of money, depend- 
ing upon the character of the charge, and is determined hy a judge or special 
bail officer. The cash, or good security, may be furnished by a friend or by 
the accused himself if he possesses the amount required. 



296 CIVIL AND CRIMINAL PEOCEDURE [§ 184 

evidence against such persons as the committing magistrates 
have held for the grand jury, or against any other persons 
whose probable guilt has been brought to his attention. If he 
thinks there is evidence against any such person which will 
probably convict, he draws up a hill of indictment, a written 
document stating the charge, and has witnesses summoned for 
the grand jury. 

If a certain majority of the grand jury, which majority varies 
from State to State, thinks there is sufficient evidence to 
warrant a court trial, the foreman writes across the face of the 
indictment the words, "a true bill" (of indictment), and the 
indicted person must stand trial in court. If the prescribed 
majority does not think that the evidence justifies a trial the 
words " not a true bill " are used, and the accused is discharged, 
if he has already been committed. 

Tlie Trial. — The justice's court usually has original juris- 
diction in misdemeanor cases, and here the trial is very in- 
formal because justices of the peace are not usually lawyers 
and must depend upon what untrained minds can glean from a 
volume of statutes compiled for their use. With few excep- 
tions an appeal may be taken to the county or superior court 
in criminal cases. 

In felony cases sent to the county or superior trial court by 
the grand jury the prisoner appears in the custody of the 
sheriff, deputy-sheriff, or some like officer who perhaps bears a 
different title. In misdemeanor cases sent from the grand jury 
or appealed from a justice of the peace the prisoner need not 
appear in person. He often prefers to leave his case to an 
attorney. But a felony case cannot proceed unless the accused 
is present. 

The prisoner is charged with committing a crime against the 
State ^ and is prosecuted by the prosecuting (state's) attorney 

1 For a great many acts a person may be proceeded against criminally by 
the State because he has disturbed the peace of the community generally, 
and also in a civil action by a person because the latter has been injured in- 
dividually. For instance, if I libel you by an unlawful malicious publication 



§ 184] CRIMINAL PROCEDURE 297 

of the county. The clerk of the court reads the indictment or 
presentment to the prisoner, who pleads "guilty" or "not 
guilty." If he pleads guilty, and is of a sound mind, the 
judge usually pronounces the sentence according to the State 
law, and the case ends. But if he pleads not guilty he is en- 
titled to a trial by jury if he desires it, and in some States one 
accused of a felony is obliged to stand trial by jury. If the 
prisoner cannot aiford an attorney the judge appoints a lawyer, 
commonly a young inexperienced one, to defend him. In 
most States this attorney is paid a small fee by the State. 

There are usually about twice as many persons summoned as 
are needed for the jury, but when the court meets, the counsel 
may challenge a certain number, which is limited by law, 
without giving any cause, and the judge will excuse such 
veniremen. Then the counsel may challenge any other venire- 
men for cause, such as relationship to the parties to the suit or 
some other reason why they might not give an impartial deci- 
sion ; if it is a murder trial, because they do not believe in 
capital punishment.^ 

If others are challenged, the judge, in some States, may have 
the sheriff summon by-standers (talesmen), whereas in other 
States a new list must be prepared as the former one was and 
this procedure must continue until the prescribed number of 
suitable men are empaneled, that is, secured to serve.^ 

and thereby injure your good name you can sue me for money damages; 
if my libeling you causes a breach of the peace I have also committed a 
crime and may be punished by the officers of the State in the name of the 
State because the entire State is injured by lawless people who break the 



1 In some States unsatisfactory laws or inefficient judges often permit the 
lawyers to ask every conceivable question in order to determine whether the 
jurors hold any opinions which would cause them to be prejudiced in the case. 
For example, after the Iroquois Theatre fire in Chicago, in which so many 
people lost their lives, the Theatre Company was being sued, and the counsel 
for the company asked the prospective jurors such questions as these : " What 
paper do you read ? Do you believe in card playing ? Dancing ? Theatre 
going ? Have you any prejudices against city people ? Have you ever had a 
friend killed in a fire ? " 

2 In the famous Gillooley murder case (1878) in Indiana, 4150 veniremen 



298 CIVIL AND CRIMINAL PROCEDURE [§ 184 

After the case is opened the witnesses for the State and for 
the prisoner are examined and cross-examined, and the judge 
gives the instructio7is to the jury explaining the law governing 
the case. This finished, the arguments are usually delivered 
by the attorneys for each side. 

The jury then retires to consider the evidence of the case and 
arrive at a depision. If the jury cannot agree the foreman 
reports " no agreement " : if the requisite number agree, usually 
all in an important criminal case, he reports " guilty " or " not 
guilty." If guilty, the jury usually determines the punish- 
ment in its verdict,! which is read by the clerk of the court, 
and the judge pronounces the sentence. If the penalty is 
merely a fine, this is paid to the clerk ; if more than a fine the 
sheriff takes charge of the prisoner, who is taken to jail to 
serve his term, or until he can be transferred to the peniten- 
tiary, executed, or disposed of according to the sentence. If 
there has been a disagreement (" a hung jury ") the case is 
either set for a new trial or dismissed. 

If the verdict has been " guilty," the prisoner may petition 
for an appeal to a higher court on the ground that the verdict is 
not according to the law, or to the evidence, or that some error 
has been committed in the trial. If the appeal is granted and 
is sustained the higher court will order the lower court to hold 
a new trial ; but if no error is found the appeal is dismissed 
and the order of the lower court stands. 

Bibliography 
Copies of warrants of arrest, indictments, subpoenas, summonses, etc. 

Questions on the Text 

1. What is the difference between a civil suit and a criminal suit? 

2. If you sue for a sum of money do you sue at law or in equity ? 

were summoned and nine and a half weeks were required to complete the jury. 
Recently 91 days were required to select a jury in a certain California case. 

1 In many States the judge detei'mines the punishment after the jury has 
determined the guilt. 



QUESTIONS 299 

3. If you want to prevent the commission of a wrong which can- 
not be remedied after once committed would you bring suit at law or 
in equity f 

4. Explain just how a suit at law proceeds. What do you mean 
hy plaintiff? Defendant f Verdict? Judgment? 

5. Explain just how a suit in equity proceeds. What is a master 
in chancery ? Decree ? What are depositions ? 

6. What is a crime? Are all crimes wrong in themselves? If 
not, why are they considered crimes? 

7. Crimes are of what two degrees? What distinguishes them in 
many States ? 

8. What is Murder in the First Degree ? Murder in the Second 
Degree? Manslaughter? Arson? Burglary? Robbery? Lar- 
ceny ? Grand Larceny ? 

9. Who may arrest felons? 

10. What is a warrant ? Is it necessary to have a warrant to arrest 
a felon ? Who serves a warrant ? May he call upon by-standers to 
assist him ? 

11. May a peace officer without a warrant arrest one who has 
committed a misdemeanor? 

12. Who usually tries a criminal and commits him to jail when he 
is first arrested ? 

13. What do you mean by giving bail f 

14. Who draws up bills of indictment to present to the grand jury? 

15. Describe a jury trial. 

16. What do you mean by instructions ? 

17. By whom is the law governing a case decided ? The facts? 

18. What is meant by a " hung jury " ? 

19. Describe a court in session. 

Questions for Discussion 

1. In New York City a thief stole a plume worth $57, but proved 
that it was marked down to $49.50 the day he stole it; hence his 
offence was merely a misdemeanor, whereas it would have been a 
felony if he had stolen goods valued for as much as -150. — It pays to 
know the law. — What crime did this thief commit? 

2. In the eighteenth century nearly 200 crimes were punishable by 
death in England. A death penalty was prescribed for stealing a 
handkerchief. The people and even the judges ceased believing in the 



300 CIVIL AND CRIMINAL PROCEDURE 

justice of such laws and did not enforce them. For instance, in one 
case a man was accused of stealing a sheep. The judge threw the 
case out of court because it was a ewe that he had stolen, so that he 
might not have to pronounce a death sentence. Have any of these 
technicalities of the law come down to us to-day when we do not need 
them ? Why do we not need them to-day ? 

3. Are crimes prevented more by the severity of punishment or by 
the certainty of punishment? Would you consider it extravagant 
for the government to spend $100,000 in order to detect and bring a 
murderer to j ustice ? 

4. In Porto Kico an accused person may choose whether he will be 
tried by a jury or by a judge. It is said that if he is innocent he 
always chooses the judge. Explain why. 

5. You cannot compel a person accused of a crime to testify against 
himself according to law. You cannot so much as ask him where he 
was when the crime was committed. What do you think of this old 
legal rule ? Would you favor compelling the accused to make a 
statement as to his whereabouts to the justice of the peace before 
whom he is brought — else assume that he is guilty? 



CHAPTER XXIII 
COUNTY AND TOWNSHIP GOVERNMENT 

I. County System 

185. Origin of County Government. — The Southern colonists 
were agriculturalists living far apart on plantations. A small 
class of aristocrats owned most of the property and were well 
educated, but illiterate slaves formed the masses. Under these 
conditions the people did not develop local self-government 
as they did in New England, where there was a substantial 
middle class of towns-people. 

Therefore it was necessary to divide the colonies into 
counties ^ so that the laws might be properly enforced. Thus 
the county became the most important governmental division 
of the colony. After the colonies became States the importance 
of county government continued, and the new States in the 
Southwest and extreme West copied the Southern county 
system.2 

186. Functions of Counties. — A county is a governmental 
division of a State which administers State laws and such 
county laws as the State permits the county to enact. These 
county functions are determined by the State legislature except 
in regard to those matters for which provision is made by the 
State constitution. The county is always subject to the will 
of the State. 

In most States it is the duty of the county to preserve 

1 The divisions were called counties because the divisions of England were 
so called. 

2 In Louisiana the divisions corresponding to counties are named parishes. 

301 



302 



COUNTY AND TOWNSHIP GOVERNMENT 



[§187 



peace ; administer justice ; distribute the property of a de- 
ceased person ; register titles to land ; maintain schools ; 
build and repair roads and bridges ; care for the poor ; pro- 
tect the health of the community ; collect local, county, and 
State taxes, and expend the county portion of these taxes in 
the performance of the county functions just enumerated.^ 




Road Building Machine on the Pacific Highway, Oregon. 

187. How County Functions are Performed. — Most county 
officers are chosen by an election conducted at various voting 
places throughout the county for short terms — commonly two 
or four years — but in some States a few officers are chosen by 
the county board, the State legislature, the governor, the 



1 In addition to the usual functions that county governments administer 
for State governments there are a number of local option State laws which 
may be accepted for a county by its board of commissioners or board of 
supervisors. 



§188] 



THE COUNTY BOARD 



303 



judge, or otherwise appointed. The officers are not exactly 
the same in all States, but every county except those in Ehode 
Island and Georgia has a board which in most States is called 
the " board of commissioners." 

188. The County Board. — In England the counties were 
administered by the Quarter Sessions Court of the justices of 







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the peace of the county. Naturally this system was copied in 
America. In Kentucky, Tennessee, and Arkansas the justices 
of the peace continue to administer the counties, but since 
they are elected for definite terms the system is not materially 
unlike the more recent systems to be described in the next 
paragraph. 

Board of Supervisors. — New York early departed from the 
system described in the last paragraph by establishing a county 



304 



COUNTY AND TOWNSPIIP GOVERNMENT 



[§188 



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306 



COUNTY AND TOWNSHIP GOVERNMENT 



[§188 



board consisting of one supervisor elected from each township, 
and called " board of supervisors." This system, with certain 
changes, has been adopted by many States in all parts of the 
country, but especially in the Northwest, where the township 
system found its way. 

Board of Commissioners. — Pennsylvania also departed from 
the system described above, and provided that each county 




Cook County Hospital in Chicago. 



should elect three commissioners at large, that is, from the 
whole county, to be known as the "board of commissioners." 
This system has been adopted by most of the States which 
have not accepted the New York plan. It must be remembered 
that all of these plans have been greatly modified by the various 
States, and in a few States the practices of one system have 
been adopted with the name of the other. 



§189] 



JUDICIAL OFFICERS 



307 



The county board, under whatever name, has often been 
called the " county legislature " because in nearly all States it 
has power to determine the county tax rate and to appropriate 
the money for county purposes when collected. In some 
States it has power to enact certain ordinances, such as fish 
and game laws and the granting of bounties for the destruction 
of certain wild animals ; but its duties are primarily to 
administer State laws within the county. It has charge of 
county buildings at the county seat (courthouse and jail) and 
the poor-house, hospi- 
tal, work-house, and 
pest-house, if the 
county owns such in- 
stitutions ; and it de- 
termines the location 
of all or certain roads 
and bridges and pro- 
vides for their main- 
tenance. 

In the South and 
West the county board 
commonly establishes 
polling places and pro- 
vides ballots, and in 
some States it acts as 

a county board for declaring the results of elections. In 
most States the board appoints a superintendent of the 
poor, but the other officers whom the board appoints in one 
State or another are very few. 

189. Judicial Officers. — In all parts of the country, even in 
the New England States, the county is an important unit for 
judicial purposes. There is a courthouse in every county and 
a clerk of the court, unless the county clerk acts as clerk of 
the court, who keeps records of suits brought in the county 
and of judgments and decrees of the court when the judge has 
disposed of the cases ; but less than half of the States have a 



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Multnomah County Library, Portland, 
Oregon. 



308 



COUNTY AND TOWNSHIP GOVERNMENT 



[§189 



judge for each county. Instead of a county judge it is more 
common to have a "district" or "circuit" judge, who holds 
court in several counties according to the needs of the counties 
in his " district " or " circuit." 

The counties of half the States have probate judges, whose 
duty it is to probate (prove) wills ; whereas in the other States 




Rockingham County Courthouse, Harrisonburg, Virginia. 

the regular county judge, county clerk, clerk of the court, or 
some other officer probates wills. 

Every county, except the five in Rhode Island, has a prose- 
cuting attorney to see that criminals are brought to justice, 
though in a few States he, like the judge, serves for two or 
more counties and is called the district attorney. If he serves 
for one county he is called the county attorney, State's attorney, 
commonwealth attorney, or merely prosecuting attorney. In 
fact, he is sometimes called district attorney though his district 
consists of only one large county. 



§ 191] THE COHONER 309 

190. The Sheriff. — Every county has a sheriff, and in all 
States except Ehode Island (where he is chosen by the State 
legislature) he is elected by the people.^ His duty is to pre- 
vent any breach of the peace ; arrest offenders and place them 
in the jail, of which he or a deputy appointed by him is keeper ; 
attend court and carry out its orders, whether it be to notify 
witnesses or jurors, attend the jury, recover property, collect 
money, or hang a criminal. 

In the performance of these duties he may employ deputies 
regularly or only in case of emergency ; he may summon to his 
aid the posse comitatus (power of the county), which consists 
of the able-bodied male citizens of the county, in case of a riot ; 
and in case of a serious disturbance he may call out the State 
militia. Special duties are imposed on sheriffs in the different 
States ; for instance, in some Southern States they act as tax 
collectors. 

191. The Coroner. — In nearly all States the coroner ^ is an 
officer of the county who holds inquests upon the bodies of 
persons who are supposed to have died from violent or other 
unlawful means. He empanels a jury, usually of six bystand- 
ers, who inquire from witnesses, or even physicians, chemists, 
and detectives as to the probable cause of a death which is 
known to have resulted or supposed to have resulted from an 
illegal act. 

If the jury decides that the deceased person has probably 
met death unlawfully at the hands of a certain person, the 
coroner may issue a warrant for the arrest of the accused and 
commit him to jail to await trial, or he may report the facts to 
a committing magistrate or the prosecuting attorney as the State 
law may provide. In Massachusetts instead of a coroner there 

1 The word " sheriff '' comes from shire-reeve, which means " peace officer of 
the shire," shire being the Anglo-Saxon name for a division of England which 
became known as county (district of a count) after the Norman Conquest of 
1066. 

2 " Coroner " is the modern spelling of the older form crowner, who in the 
time of King Alfred was appointed by the king and was especially the crown 
officer in the shire (county) . 



310 COUNTY AND TOWNSHIP GOVERNMENT [§ 191 



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§191] 



COUNTY OFFICERS 



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312 COUNTY AND TOWNSHIP GOVERNMENT [§ 192 

is a medical examiner in each county to pass upon unusual 
deaths. As a knowledge of medicine and pathology is desirable 
the change made by Massachusetts is a very wise and progres- 
sive one. 

192. The County Clerk. — In half of the States there is a 
county clerk. He acts as clerk of the court in some States ; 
prepares election ballots and receives election returns, and 
issues marriage licenses in others ; and audits the county 
accounts, acts as clerk of the county board, and records docu- 
ments such as deeds, wills, and mortgages in others. In short, 
he is assigned various functions of a clerical nature for which 
there is no specialized officer in the county. 

193. The Register of Deeds. — In the more populous States 
it has been thought expedient to have a special officer to keep 
the records of such legal documents as deeds and mortgages. 
It is the duty of the register of deeds to make exact copies of 
instruments to be recorded and enter them in indexed books 
where they may easily be found. As one's title to property 
often depends upon these records it is very important that no 
mistakes be made. * 

194. The County Auditor. — Nearly half of the States have 
a county auditor, whose business it is to go over the accounts 
of the other officers of the county, prei)are statements of county 
finances, and issue warrants on the treasurer for the expendi- 
ture of county money according to the appropriations made by 
the county board. Until recently the duties of this office were 
performed in a very loose manner, but the States are gradually 
enacting laws for State supervision of local finances. For 
example, some States require uniform accounting, which can 
easily be examined by a State accountant or even by an edu- 
cated citizen of the county. 

195. The County Treasurer. — In every State except Rhode 
Island, where township officers have charge of local funds, and 
in several Southern States, where banks perform the duties of 
county treasurers, there is a county officer to receive and safe- 
guard the county taxes. In a few States there are tax collec- 



§ 197] MINOR COUNTY OFFICERS 313 

tors in addition to the treasurer, and in several Southern States 
collections are made by the sheriff. The treasurer is always 
placed under bond to insure the State and county against loss 
from dishonesty or carelessness. He is usually paid a definite 
salary, but some are paid wholly by commissions on the money 
handled by them. 

Many county treasurers deposit the county funds in local 
banks and earn interest for themselves where there is no law 
requiring them to earn it for the county. In counties contain- 
ing large cities many thousands of dollars have been made in 
this way by a single treasurer. 

196. The Superintendent of Schools. — In nearly every county 
outside of New England (where public education is adminis- 
tered by the township) there is a county superintendent of 
schools. In most States he is elected by the people, but in 
some he is chosen by the county school board, the State school 
board, appointed by the governor, or otherwise selected. In 
most States his duty is to conduct teachers' examinations, visit 
schools to observe and advise teachers, assist district trustees 
in the selection of teachers and with other advice, and collect 
school statistics ; and in many States he acts as assistant to the 
State commissioner of education in a general campaign against 
illiteracy and indiff'erence to education. 

197. Minor County Officers. — Most counties have a surveyor, 
who surveys land for private owners at their own expense or 
upon the direction of the court when a dispute in court over a 
land boundary necessitates it. In some of the more progres- 
sive States there is a county engineer instead of a county sur- 
veyor, who performs those duties formerly done by the county 
surveyor ; but in addition to this he acts as an engineer in the 
construction of roads, bridges, drains, and like improvements. 

Southern and Western counties have assessors to determine 
the value of property to be taxed, but in New England and 
the Central States this function is usually performed by a 
township officer. Other usual county officers are a health 
officer or board and a superintendent or overseer of the poor 



314 COUNTY AND TOWNSHIP GOVERNMENT [§ 198 

who has charge of the almshouse, poor farm, or hospital of the 
county. 

198. Counties Unimportant in New England. — The county is 

of little importance in New England except as a district for 
the administration of justice. No New England State has 
a county clerk, county superintendent of schools, county sur- 
veyor, or county assessor ; only two have a county auditor, 
and only three have a county register of deeds. The duties of 
these officers are performed by township officers. 

II. Township System 

199. Origin of Town Government in New England. — The 

Pilgrims came to Plymouth, Massachusetts, as a congregation, 
and very soon (1622) they erected on Burial Hill a " meeting- 
house," which was used both for pul)lic worship and for town- 
meetings. The church and government were practically one : 
sermons were preached on the inside to save souls from per- 
dition and a cannon was mounted on the outside to save bodies 
from the Indians. It was at the meeting-house that the voters 
met and made their laws directly. 

Other congregations from England settled along the coast 
and established similar governments. As the population of 
these coast settlements increased, 2)astors led congregations 
from them and established towns. The desire to be near the 
church, the hostility of the savages, the severe climate, and 
the unsuitableness of the country for large plantations caused 
the emigrants to settle in compact communities, called "towns." 

200. Terms " Town " and " Township " Distinguished. — These 
communities were called " towns " ^ because they had been so 
called in England. When it became necessary to survey bound- 

1 When a clan of our ancestors in northern Europe or England fixed upon 
some spot for a permanent residence and built a wall around it, the wall was 
known as a tun; in time the space within the wall was known as a tun, or 
toion. The settlers were called by the clan name, as for example "the Boer- 
ings " or " the Cressings " ; and the town would be called Barr'wgton, "town 
of the Boerings," or Cressingham, " home of the Cressings." 



§201] POWERS OF NEW ENGLAND TOWNSHIPS 315 

aries between the various towns the small irregular patches of 
land which resulted were properly known as " townships," ^ but 
frontier communities are not very discriminating in their terms, 
and the term " town " was used not only for the cluster of build- 
ings but for the entire township. 

In New England to-day " town " means a political sub- 
division of a county which in other parts of the country is 
called " township." For the sake of uniformity we shall use 
the word township when referring to what is called " town " in 
New England. The early townships were very irregular in 
shape and contained an average of not more than twenty 
square miles. 

201. Powers of New England Townships. — For many years 
the New England townships were undisturbed by the king or 
parliament of England and exercised such powers of govern- 
ment as are now exercised by a State. They waged war 
against the Indians, established schools, and as late as the 
Revolutionary War they appropriated money for war supplies ; 
in fact, they created the States which now control them. 

To-day they exercise only such powers as the States permit. 
They have control of most roads, bridges, schools, libraries, 
poor relief, and taxation for most local purposes. Some town- 
ships have charge of such public works and institutions as 
street pavements, sewers, water-works, electric light plants, 
public baths, parks, and hospitals. They also have certain 
powers to enact police ordinances, such as determining whether 
the township shall license saloons. 

The township officers act as agents of the State for an in- 
creasing number of functions. They assess and collect State 
taxes, keep records of vital statistics (births and deaths), and 
enforce the health laws of the State. Except in one State the 
township is the usual district from which a representative is 
elected to the more numerous branch of the State legislature. 

1 The word ship, as here used, comes from the Anglo-Saxon word scijy, 
which means shape, hence township means the shape of the town or the entire 
bounds of the town. 



316 COUNTY AND TOWNSHIP GOVERNMENT [§ 202 

202. The Town-Meeting. — Township laws have always been 
made in the town-meeting, which is composed of the male 
inhabitants twenty-one years of age or over. Any one may in- 
troduce motions or take part in the discussions ; but only adult 
males may vote, except that women are allowed to vote on 
school questions. During the first few years the colonists 
attempted to hold monthly meetings, but this was found to be 
a cumbersome way to transact business, and as early as 1635 
selectmen (officers selected by the people) were chosen to 
administer the affairs of the township during the interval 
between the assemblies. Thus the government became less 
democratic (direct rule of the people) and more republican 
(indirect rule of the people through representatives). 

To-day the regular meetings are usually held in the town- 
hall once a year, but the selectmen may call special meetings. 
The first Monday in March is a favorite time to have the 
meetings, but some are held as early as February or as late as 
April, and Connecticut prefers October. The general nature 
of the business to be transacted at a meeting must be an- 
nounced in a warrant which is posted in the various parts 
of the township. 

The town clerk calls the meeting to order, usually at nine 
o'clock, and acts as secretary of the meeting. The first busi- 
ness is the election of the presiding officer, called the moderator. 
In many townships some well-respected citizen is elected year 
after year as a matter of course. The organization being per- 
fected, the principal township officers are nominated from the 
floor, but the nominations have frequently been arranged by 
preliminary party meetings, called caucuses. Election is by 
ballot, and the polls remain open several hours, depending 
upon the population of the township. 

The interesting session of a town meeting occurs after the 
balloting — usually in the afternoon, but in a few larger towns 
not until evening. Each voter has been furnished a printed 
report of the expenditures for the previous year, and the 
selectmen make an oral report of what has been done during 



202] 



THE TOWN-MEETING 



317 



the year. It is then that the policy for the next year is to be 
discussed — the real interest of the meeting. 

ISTahum Smith may rise and say, " I should like to be in- 
formed why the selectmen took the stone from Eed Hill 
quarry instead of Cross Eoads quarry, which is nearer ? " If 
there is " a rooster in the bag " he is rather certain to crow. 
It is difficult for a political boss or ring to prosper under this 




Town Hall, Dover, Massachusetts. 



system because any bag containing a rooster must annually 
or oftener be brought into the presence of the interested 
parties, and a Nahum Smith is pretty certain to bring at least 
one crow from the rooster. 

Perhaps the cross-questioning of the chairman of the school 
committee by Jeremy Jones will bring discomfort to the chair- 
man, much to the delight of the boys seated in the rear of the hall. 
Or perhaps the article under consideration is the purchase of 
an electric light plant or an automobile chemical engine. Or 



318 COUNTY AND TOWNSHIP GOVERNMENT [§203 

the younger blood may be advocating a consolidated school or a 
new high school, which is probably opposed by Aaron, Hiram, 
and Nahum, who live in the country some distance from the 
centre where the school would be located. 

203. Township Officers. — Selectmen, of whom there are 
three, five, seven, or nine, three being the more usual number, 
are the principal officers of the township. They are elected 
by the town-meeting, annually as a rule, but in some Maspa- 
chusetts townships they are elected for three years, one being 
elected each year. 

They issue warrants for holding regular or special town- 
meetings, specifying in a general way the subjects which the 
citizens desire to have acted upon ; lay out highways ; grant 
licenses ; arrange for elections ; have charge of township prop- 
erty ; appoint some of the minor officers ; and may act as 
assessors, overseers of the poor, and health officers. It should 
be borne in mind that they have no power to determine the tax 
rate or appropriate money, these functions being performed by 
the town-meeting, and that they have no powers except those 
conferred by the State or the town-meeting. 

The Town Clerk is just as important as the selectmen, and 
performs many duties which are imposed upon the county clerk 
outside of New England. He keeps minutes of town-meetings, 
of meetings of the selectmen, and other town records ; he 
records the vote for State and county officers and issues 
marriage licenses ; and he records births, marriages, and deaths. 
He is elected by the town-meeting for only a year at a time, 
but is usually reelected for a great number of years. 

Other Toivnship Officers are the town treasurer, assessors of 
taxes, overseers of the poor, justices of the peace (so consid- 
ered in some States), constables, commissioner of roads (under 
various titles), a school committee (board), and numerous other 
less important officers. Most of these officers are elected at 
the annual town-meeting. Not many years ago the township 
of Middlefield, Massachusetts, had eighty-two voters and 
eighteen officers. 



§ 205] COUNTY-TOWNSHIP SYSTEM 319 

204. Absence of Townships in the South and West. — In the 

Soutliern and Western States townships cannot be said to 
exist. In some States the counties are subdivided into one 
or more sets of districts for one or more purposes. They have 
no township meetings, and districts other than school districts 
usually have no power of taxation or of owning property, and 
few, if any, officers independent of county officers. They are 
simply convenient divisions for performing county functions. 
Different districts exist for various purposes, such as schools, 
roads, justice, and elections ; and one kind of district com- 
monly overlaps another kind. The name for the more impor- 
tant of these districts varies from State to State.^ 

III. County-Township System 

205. Imitation of New England Township Government. — 

Nowhere outside of New England is township government 
so important as in those six States, but in the tier of States 
extending from New York to Nebraska it is of considerable 
importance. The northern portions of these Central States 
were settled by emigrants from New England, who were accus- 
tomed to township government ; but those who settled the 
southern portions were from Pennsylvania and the States to 
the south of the Ohio River and were accustomed to county 
government. Those accustomed to county government had 
never attended town-meetings but preferred to elect county 
officers and trust them with all functions of local government. 
The result was a compromise. Some functions were as- 
signed to the county and some to the township. In these 

1 In North Carolina, South Carolina, Missouri, Arkansas, Montana, and 
Nevada these districts are called townships; in Gsiliformsi, judicial town- 
ships; in Virginia, West Virginia, and Kentucky, magisterial districts; in 
Tennessee, civil districts ; in Mississippi, supervisors' districts ; in Georgia, 
militia districts ; in Texas, commissio7iers' precincts ; in Delaware, hundreds; 
and in the remaining Southern and Western States, election districts or pre- 
cincts, except in Louisiana where the parishes (counties) are subdivided into 
wards. 



320 COUNTY AND TOWNSHIP GOVERNMENT [§ 206 

Central States the State government preceded the township 
government and created it ; hence those democratic elements 
did not develop as they were found in New England, where 
the township existed first and created the States. 

206. County-Township Conflict in Illinois. — When Illinois 
was admitted to the Union in 1818 the greater number of her 
citizens were, emigrants from the South, who had settled in 
the southern part of the State ; so the State was divided into 
counties, which were governed by a small board of county 
commissioners elected at large according to the Pennsylvania 
plan. 

By 1848 when the second State constitution Avas framed, 
New England settlers, or emigrants with New England ideas, 
had settled in large numbers in the northern part of the State ; 
so in this constitution we find a local option provision which 
permitted the voters of each county to divide the county into 
townships whenever the majority should vote in favor thereof. 
To-day eighty-five of the 102 counties of the State have town- 
ships. 

207. Township Officers in the Central States. — The New 
England title of selectmen is nowhere found in the Central 
States. In Pennsylvania, Ohio, Iowa, Minnesota, and the 
Dakotas their place is taken by a " board of supervisors " or 
" trustees." In other States there is a well-defined head officer 
who is assisted, a,nd checked in some matters, by a township 
board. In New York, Michigan, and Illinois, where this olficer 
is called " supervisor," he is also a member of the county 
board of supervisors. In Indiana, Missouri, Kansas, and 
Oklahoma the title of " township trustee " is applied to this 
officer. The other usual township officers are the clerk, 
assessor, treasurer, overseer of the poor, overseer of roads, 
justices of the peace, and constables. 

208. Village Government Weakens Township Government. — 
Townships of the Central States are not only under greater 
State and county control than New England townships, but as 
soon as a considerable settlement develops it will obtain a 



§ 210] GEOGRAPHICAL TOWNSHIPS 321 

" village " or " town " charter from the State and then exist as 
a separate government, performing all or certain functions 
within its boundaries that were formerly performed by the 
township. In New England many compactly settled com- 
munities which would be incorporated cities in other States 
and absolutely independent of the township are there a part 
of the township. 

IV. Geographical Townships 

209. The Terms " Governmental Township " and " Geographical 
Township " Distinguished. — In the preceding sections we dis- 
cussed townships merely as divisions of territory for the pur- 
pose of government, and these are known as governmental or 
political townships. Divisions of territory for the purpose of 
surveys are another kind of townships, and are known as 
geographical or congressional townships because they are 
merely bounded by imaginary lines drawn upon the earth in 
accordance with acts of Congress. 

In States where the geographical townships were surveyed 
before settlements were made, they were generally used also as 
governmental townships ; but in some localities natural ob- 
stacles, such as rivers and mountains, made them unsuitable for 
purposes of government, and separate areas were created for 
governmental townships. 

210. Conditions Preceding Geographical Townships. — During 
the colonial period New England and the Southern States 

'developed two very different land systems. In the South as 
the settlers pushed from Virginia and North Carolina into 
Kentucky and Tennessee the pioneer selected a fertile piece 
of land where he chose and occupied it. A rude survey was 
made by a public surveyor or his inexperienced deputy, the 
limits were marked by " blazing " the trees with a hatchet, and 
the survey was put on record in the State land office. 

Conflicting patents ^ were not infrequently given for the 

1 " Patent " as here used means a written title to land granted by the proper 
State authority. 



322 



COUNTY AND I'OWNSHIP GOVEKNMENT 



[§211 



same tracts, and this produced no end of law suits. Some of 
the feuds for which the mountains of eastern Kentucky w^ere 
once famous are said to have grown out of these disputed land 
patents and the irregularly shaped pieces of land which lay 
between the patents. This Southern system, which encouraged 
initiative and resourcefulness, has been called " indiscriminate 
location." 

In New England the laying out of geographical townships 
preceded the settlements made during the eighteenth century, 

and there could be no 
title to land outside of 
townships. Square town- 
ships w^ere easier to sur- 
vey in a systematic way 
than those of any other 
shape ; hence when the 
land north of the Ohio 
Kiver, known as the l^orth- 
west Territory, was to be 
surveyed Thomas Jeffer- 
son suggested that it 
be surveyed into square 
to^vnships for convenience 
of description when sold 
by the government, and 
to prevent disputes as to 
title. He also had in mind that they Avould be of convenient* 
size as governmental townships. 

211. Geographical Townships in the West. — When Congress 
was prej^aring for tlie government and settlement of this 
Northwest Territory, the National Government decided that 
it should be laid out into townships six miles square. i A law 
of Congress passed in 1785 apj^lied this system of rectangular 
surveys to all lands belonging to our public domain. This 

1 The fact that a six-mile square rather than any other size square was 
adopted by Congress has no special significance. 




§211] GEOGRAPHICAL TOWNSHIPS IN THE WEST 



323 



" Ordinance of 1785 " was the foundation of the American land 
system, and its leading principles have continued in operation 
to the present day. 

According to the system gradually perfected, north-and- 
south and east-and-west lines are established. As starting 
points certain meridians have been designated as prime me- 
ridians. There are twenty-four of these, the first being the 
dividing line between Ohio and Indiana, and the last running 
a little west of Portland, Oregon. 

On each side of the prime meridian are subordinate 
meridians known as range lines. These lines are six miles 
apart and are numbered east and west from their prime 
meridian. There must 
also be a base line for 
each survey following a 
parallel of latitude, and 
this crosses the meridians 
at right angles. There 
are numerous base lines 
for surveys in different 
parts of the country. For 
example, eleven of them 
cross the State of Oregon. 

On each side of a base line are subordinate parallels called 
township lines, six miles apart, and numbered north and south 
from their base line. Thus these range lines and township 
lines divide the land into townships six miles square. 

The map shows the prime meridians and base lines in the 
States of Ohio, Indiana, and Illinois, that is, in the area 
between the Ohio and Mississippi rivers. From any prime 
meridian the tier of townships directly east is called range 1 
east (R. 1 E. in Figure 1) and of course other ranges are 
numbered east and west of that meridian. They are likewise 
numbered 1, 2, 3, etc. both north and south of the base line. 
Thus the sectioned township in Figure 1 is township 4 north, 
range 4 east of the 2d Prime Meridian in the State of Indiana. 

























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Figure 1. 



324 



COUNTY AND TOWNSHIP GOVERNMENT 



[§211 



6 


5 


4 


3 


2 


W 




7 


8 


9 


10 


11 


12 


18 


17 


16 


15 


14 


13 


19 


20 


21 


22 


23 


24 


30 


29 


28 


27 


26 


25 


31 


32 


33 


34 


35 


36 



Six Miles Square 
Figure 2. 



This townsliip six miles square 
is surveyed into thirty-six square 
miles, which are numbered as 
shown in Figure 2, and each square 
mile is called a section. Each sec- 
tion is subdivided into rectangular 
tracts known as halves, quarters, 
half quarters, and quarter quarters, 
as slio^vn in Figure 3. Thus if 
we consider this square mile (Fig- 
ure 3) as section 1 of Figure 2 
we should describe the forty-acre 
tract starred in Figure 3 as follows : SAVi, 
NEi Sec. 1, T. 4 :N'., E. 4 E., which means 
the southwest one quarter of the north east 
one quarter of section 1, township 4 north of 
the base line in range 4 east of the 2d Prime 
Meridian in the State of Indiana. So you 
can readily see that if this tract is to be 
sold it is very easy to describe it in the deed 
of conveyance ^ without the costly aid of private surveyors. 

Bibliography 

Fairlie, J. A. Local Government in Counties, Towns, and Villages. 

(American State Series.) 1906. 
Annual Report of the State Highway Commissioner. 
The Manual or Legislative Handbook of your State. 



NWj 


NiXEi 


* 


SEi 
XE5 


sh 



One Square Mile 
Figure 3. 



Questions on the Text 

1. Explain how county government originated in America. 

2. What functions are performed by county governments ? 

3. What State first established county " boards of supervisors 
Boards of commissioners " ? How did they differ originally? 



1 A deed of conveyauce is a contract giving the boundaries of real estate 
transferred from one person to another. 



QUESTIONS 325 

4. What legislative powers have the county boards? What ad- 
ministrative powers ? 

5. What judicial officers has a county ? 

6. What other county officers are there in the State in which you 
live? For w^hat terms are they selected? AVhat are their duties? 

7. What is meant hj posse comitatus ? Of whom does it consist ? 

8. What officer does Massachusetts have instead of a coroner? 
Why is the Massachusetts plan preferable to that of most other 
States ? 

9. Who grants marriage licenses in the State in which you live ? 
Who records deeds ? 

10. Explain how the New England tow^n or township originated. 

11. What does " town " mean in New England ? What does it 
mean in the South and West ? 

12. What powers do New England towns possess ? 

13. Explain the work done by a town-meeting. What is a town 
"warrant"? What is a moderator? What are the duties of the 
selectmen ? 

14. What are the benefits of a New England town-meeting ? 

15. How are the various town or township officers selected in New 
England ? For v^hat term ? 

16. By what name are the districts known into which the counties 
of your state are divided ? 

17,. Explain to what extent the Central States imitated New England 
township government. 

18. Why are townships less important in States having numerous 
villages than in New England ? 

19. Describe the county -township conflict in Illinois. In what 
division of States are counties least important ? 

20. In your State what title is applied to township officers, such as 
the "selectmen" in New England? 

21. What is meant by a governmental or a geographical township? 
How did they come into existence, and why are they useful ? 

22. Explain how a survey of land is described where geographical 
townships exist. 

Questions for Discussion 

1. Give the names of as many county officers as you know^ 

2. Bound the county in which you live. 

3. If you had a vote would you vote for a member of the county 



326 COUNTY AND TOWNSHIP GOVERNMENT 

board of commissioners or supervisors who favors low taxes or high 
taxes ? 

4. Could your county board enact an ordinance requiring all 
heavy vehicles to have wide tires? If not, what body could give it 
authority to do so ? 

5. In Virginia each city of the first class forms a separate county. 
Should not county and city government be merged so as to save the 
expense of a double organization? 

6. Some Southern counties have dispensed with a county treasurer 
and the taxes are collected and warrants paid by a designated bank 
for about half the usual cost. Do you favor this new plan ? 

7. In California and in Maryland a county may have a charter and 
govern itself much as a city is governed. That is, a county may have 
a greater degree of " home rule " than the other counties of the State 
if the majority vote in favor of a charter. Would you favor a law 
permitting your county to have a council and a greater degree of 
" home rule " ? 

8. Write a county ordinance which you would like your county 
board to enact. It should begin : " Resolved, that " etc. 

9. Does your State have the county system of government, town- 
ship system, or county-township system ? What are the merits of 
each? Which has the greater educational value? Which is more 
efficient ? Which is more expensive ? 

10. If you live in a township name as many township officers as 
you know ? 

11. May women vote for any township officers? May they serve 
as township officers? For what offices are they best fitted? 

12. The Torrens System of title registration, devised by Sir Robert 
Torrens for Australia in 1857, has been adopted by a number of 
American States. It provides for the conveyance of real property by 
registration and certificate instead of deeds. An officer of the govern- 
ment investigates all the documentary evidence of title, descriptions 
of boundaries, etc. The owner is furnished a certificate giving details 
of the title which he has to the property, and a duplicate is filed with 
the county or township registrar. When the property is sold, the 
owner merely delivers the certificate to the new owner, and has the 
fact entered at the registrar's office. This does away with the necessity 
of repeated title examinations and the cost of having a deed written. 
Would you favor this system for your State? 



CHAPTER XXIV 
VILLAGE AND CITY GOVERNMENT 

I. Village Government 

212. "Village" Defined. — A village is an organized com- 
munity whose population is less and whose government is more 
simple than that of cities in the same State. When enough 
people collect in a district sufficiently compact to justify such 
public improvements as sidewalks, street lights, and a public 
supply of water, a State permits them to form a government 
separate from that of the township or county in order that 
they may select officers, collect taxes, and provide these public 
conveniences within the defined area. 

In the New England States villages have not been created, 
except in a few cases in Maine, Vermont, and Connecticut, 
because there the township itself is sufficiently organized to 
collect taxes and provide these public conveniences. 

In the West and South the small incorporated centres of 
population are called " towns," but in the States east of the 
Mississippi Eiver which border on Canada they are more gen- 
erally known as " villages," and in Pennsylvania, New Jersey, 
and Connecticut the English term "borough" is commonly used. 
However, for the sake of uniformity, the term " village " will 
be used to include towns and small boroughs. 

213. How Villages are Incorporated. — Each State prescribes 
under what conditions and in what manner a community may 
become incorporated as a village. In Alabama 100 inhabitants 
are all that are necessary, but a minimum of 200 or 300 is a 
more common requirement. Some States further specify that 
the required number of inhabitants must reside within a 
prescribed area — a square mile in New York State. 

327 



328 VILLAGE AND CITY GOVERNMENT [§214 

In some States a community may become an incorporated 
village by a charter enacted by the State legislature, but the 
usual procedure is for the inhabitants to present to a designated 
public officer a petition with a prescribed number of signatures. 
When this officer is satisfied that the conditions necessary to 
become a village are fulfilled, he will declare that the people liv- 
ing within a certain surveyed area are incorporated ^ as the 
village of X and have such powers of self-government as the 
State has granted to villages. In most States the officer may 
not declare a village incorporated until the inhabitants have 
voted in favor of it at an election called by the officer when 
petitioned to do so by a prescribed number of the inhabitants. 

214. Powers of Villages. — The few incorporated villages of 
New England continue a part of the township for many impor- 
tant purposes, such as roads and schools, but may provide for 
sidewalks, water, lights, sewers, fire protection, and police 
protection, independently of the township. In those States 
which adopted the New England township system the villages 
remain a part of the township for certain purposes, but are 
more independent of the township than those in New England. 

In the other Central States, such as New Jersey, Pennsyl- 
vania, Wisconsin, Minnesota, and the Dakotas, the villages are 
entirely independent of the township and have power to per- 
form township functions in addition to the usual village func- 
tions. In the South and West villages, called "towns," are 
usually included in the township, or county district known by 
some other name, but as these districts are unimportant the 
village has power to deal with practically all local problems 
except those attended to directly by the county. 

215. The Organization of Village Government. — The Council. 
— Every village has a legislative body usually known as the 
council or the board of trustees. This body varies in number 
from three to nine, and is usually elected at large for terms 

1 " Incorporated " means created into a legal body (artificial person) by the 
State. This body may then bring suit in court, borrow money, or enter into 
other contracts as a natural person may do. 



§216] ORGANIZATION OF VILLAGE GOVERNJMENT 329 

of one or two years. In all States the council has power to 
determine the tax rate, within certain limits prescribed by the 
State, and to appropriate the money for the various needs of 
the village. 

Generally it can levy special assessments against persons 
whose property borders streets which have been especially 
favored by sidewalks or other improvements ; but villages 
have rather limited power to borrow money, and most villages 
must submit the question of a bond issue to the voters. The 
power to pass ordinances differs from State to State and often 
from village to village as provided by the State. Commonly a 
council may choose certain officers and regulate their duties ; 
pass health and police ordinances on special subjects within 
certain limits ; determine the license taxes of saloons, peddlers, 
public vehicles, and other businesses that are licensed ; con- 
trol streets, bridges, and public grounds ; maintain police and 
firemen ; and control any public services owned by the village, 
such as water and light plants. 

The Mayor. — The principal executive officer of a village is 
usually called " mayor " or " president," and is ordinarily 
elected for one or two years. He presides over council meet- 
ings, and usually has the rights of a member, but in some 
villages he merely casts the deciding vote in case of a tie, and 
in very few places does he have the veto power. He enforces 
the village ordinances enacted by the council, and in a number 
of States he acts as police justice. 

Every village has a clerk or recorder, a treasurer or collector, 
and a police officer ("constable," "marshal," "sergeant," or 
" bailiff "). There are, in many places, a street commissioner, 
an assessor, and an attorney or solicitor. In the AYest these 
officers are usually elected by the voters ; in other sections they 
are commonly selected by the council or appointed. Some vil- 
lages have a justice of the peace, and if the village forms a 
separate school district it, of course, has school officers. Larger 
villages have such officers as health, fire, lighting, sewer, or 
cemetery commissioners. 



330 VILLAGE AND CITY GOVERNMENT [§ 216 

II. City Goverxmext 

216. Meaning of the Term "City." — A city is a governmental 
unit created by the State, with more population and more 
powers than a town or village. Each State determines how 
many inhabitants a town or community must have to become 
a city, and what governmental powers it will permit its cities 
to exercise. 

In Kansas a community with as few as 200 inhabitants may 
become a city, but in Xew York State 10,000 inhabitants are 
required. About as many of our forty -eight States will create 
a city government with less than 2500 inhabitants as require 
a greater population, but the United States census classifies as 
cities all incorporated places with as many as 2500 inhabitants. 

217. Rapid Growth of Cities. — When the fi.rst United States 
census was taken in 1790 only 128,475 people, or about 3 per 
cent of the population, dwelt in cities with as many as 8000 
inhabitants. New York, Philadelphia, Boston, Baltimore, and 
Charleston were then the only cities of that size. 

Just nine years previous to the taking of this first census 
Watt had taken out a patent for his double-acting steam engine, 
which made large scale manufacturing possible. Fulton's 
steamboat (1806) and Stephenson's locomotive (1829) made easy 
the transportation of raw materials to the factories and the 
distribution of the manufactured products from the factories. 
Thus factories were erected where there was water transporta- 
tion or rail transportation, and workmen from scattered shops, 
which were put out of business by the factories, had to move to 
the factory town and help make it a city. 

As a result of the invention of various farming implements 
less labor was needed for the production of food and other raw 
material ; therefore the excess labor was employed in turning 
the raw products into luxuries — grains into breakfast cereals, 
wool and cotton into fine clothes, and iron ore into automobiles. 
So long as improved machinery and fertilizers continue to 
reduce the amount of labor necessary to produce the world's 



§ 218] COUNCIL-MAYOR TYPE OF CITY GOVERNMENT 331 

food supply, so long will the proportion of people Avho live in 
cities probably continue to increase. 

The number of cities in the United States with 8000 or 
more population from decade to decade has been as follows : 



Date 


Number of 
Cities 


Per Cent of 
Total Popu- 
lation 


Date 


Number of 
Cities 


Per Cent of 
Total Popu- 
lation 


1790 


5 


3.1 


1860 


141 


16.1 


1800 


6 


4.0 


1870 


226 


20.9 


1810 


11 


4.9 


1880 


286 


22.6 


1820 


13 


4.9 


1890 


447 


29.0 


1830 


26 


6.7 


1900 


545 


32.9 


1840 


44 


8.5 


1910 


778 


38.8 


1850 


85 


12.5 









This rapid growth of cities is not peculiar to the United States 
but is world-wide, and is due to industrial conditions. City 
growth in England and Germany has been even greater than 
in the United States. 

New York, the second largest city in the world, with a 
population of about 5,000,000, has more Jews than there are 
in Palestine, more Germans than in any city of Germany 
except Hamburg and Berlin, more Bohemians than in Prague, 
and more Italians than in Eome. It has an increase in popu- 
lation of 1,500,000 in ten years, annual expenditure of nearly 
$200,000,000, and a debt exceeding $1,000,000,000 — or slightly 
more than that of the United States government. 

218. Council-Mayor Type of City Government. — There are 
three types of city government in the United States — council- 
mayor, commission, and manager. Of these the council-mayor 
type is the oldest and as yet the most prevalent. It consists 
of a council, usually a large one, to make the laws, and a 
mayor to enforce them. 

At one time or another the councils of most of our large 
cities have been composed of two chambers, a board of alder- 



332 



VILLAGE AND CITY GOVERNMENT 



[§218 



men and a common council, but the present tendency is strongly 
towards a single-chamber council. Of our ten largest cities 
only Baltimore and Philadelphia retain councils of two cham- 
bers, and only nine of our fifty cities with populations exceed- 
ing 100,000' have two-chambered councils.^ Very few small 
cities have councils composed of two chambers. 




Copyright, Underwood & Underwood, N. Y. 
The Municipal Building, New York. 



The council, elected by the voters of the city for terms vary- 
ing from one to four years, enacts all city ordinances, determines 
the tax rate, and appropriates the revenues for city purposes. 
Committees of the council have some control over the adminis- 
trative departments, such as the street or police department, 
but the tendency is to make the head of each department 
responsible to the mayor. 



1 These cities are Philadelphia, Baltimore, Kansas City, Mo., Providence, 
Louisville, Atlanta, Worcester, Richmond, and Camhridge. 



§ 218] COUNCIL-MAYOR TYPE OF CITY GOVERNMENT 333 

The mayor is elected by the voters of the city for a term 
varying from one to four years. Under him are the heads of 
various departments, such as street commissioner and police 
commissioner. These officers are elected by the voters in some 
cities, but in most cities they are selected by the council or 
appointed by the mayor with or without the approval of the 
council. In some cities the mayor presides at council meetings, 
and in nearly all cities he can veto ordinances passed by the 
council, which can then become law only by a larger vote of 
the council — usually two thirds. 

City judges are sometimes appointed by the governor of the 
State for long terms, but in most cities they are elected by the 
citizens for a term of only a few years, and those for minor 
courts are in some cities chosen by the council. 

The school affairs of a city are usually entrusted to an in- 
dependent board ; and in many cities other duties are entrusted 
to boards more or less independent of the foregoing organiza- 
tion. 

The council-mayor type of city government does not work 
well because no one person is responsible. The government is 
so complex that the citizens do not understand the working of 
it ; therefore some shrewd person, usually a corrupt politician, 
by making a practical study of it, makes himself political boss. 
He receives no salary as boss, but by controlling the elections 
and filling the offices with his friends he can compel them to 
spend large amounts of money in a manner which will yield 
graft for him. For instance, in 1868, when Tweed was boss of 
New York, a court-house was designed which was to cost 
$250,000. Three years later more than $8,000,000 had been 
expended upon the building and it was still unfinished. For 
thermometers $7500 was charged. Contractors for various 
parts of the building presented enormous bills and then divided 
with the boss. 

Even if a city avoids a boss it is little better off. The officers 
are then elected at random and are not likely to work together 
harmoniously. The mayor will veto the ordinances passed by 



334 VILLAGE AND CITY GOVERNMENT [§ 219 

the council, or the department heads will not enforce them, or 
the head of the water department will tear up the new paving 
laid by the street department. 

If an individual wants to make complaint of bad service and 
goes to the head of a department, the citizen will, in all proba- 
bility, be told that the mayor has not authorized the depart- 
ment to act. He then goes to the mayor and is told that the 
request is a proper one but that the council failed to vote funds 
for that particular service. The individual cannot visit a hun- 
dred councillors, more or less ; therefore the bad service con- 
tinues bad. Each officer shifts the responsibility to another 
because no one has power to act. 

This jungle-like government has fallen into bad repute, and 
cities are rapidly abandoning the council-mayor type of govern- 
ment for the commission type. However, of the 778 cities 
with 8000 or more of population 556 continue to have the 
council-mayor type of government. 

219. Commission Type of City Government. — A commission 
government is one in which a few elective officers (usually five) 
exercise all legislative and executive powers and are held 
responsible to the voters for their proper use. This form of 
city government was first tried at Galveston, Texas, in 1901, 
and came by chance. On September 8, 1900, a tidal wave 
swept over the island city. The bridges connecting the city 
with the mainland collapsed, buildings fell, the water-works 
and the lighting plant were destroyed, the wood-block paving 
floated off in great strips, and about 6000 of the city's 37,000 
inhabitants perished. 

This city had been extravagantly managed under its council- 
mayor type of government. Expenditures had regularly ex- 
ceeded receipts, and the deficit had been made up by selling city 
bonds, that is, by borrowing. After the flood, persons owning 
these bonds had so little faith in the government that they 
were willing to sell them for sixty cents on the dollar. The 
old inefficient council of twelve men passed resolutions but did 
little else to restore the citv and its credit. 



§219] COMMISSION TYPE OF CITY GOVERNMENT 335 

The Deepwater Committee, an organization of substantial 
business men previously formed to bring about the improve- 
ment of the harbor, interested itself and had a new city charter 
prepared. They had a member of the State legislature present 
it to the legislature for adoption. At the same time the Deep- 
water Committee issued an address to the people of Galveston, 
which read, in part : 

"We are asking for a charter placing the entire control of the local 
government in the hands of five commissioners, designed to benefit 
the people rather than to provide sinecures (offices with no special 
duties) for the politicians." 

The legislature granted the charter and in September, 1901, 
a year after the catastrophe, the new government went into 
operation. 

The Galveston Type of Commission Government. — The 
Galveston government has undergone practically no change 
during the intervening years except that in 1903 the provision 
whereby the governor of the State appointed three of the five 
commissioners was declared to be in conflict with the constitu- 
tion of the State. Since that date all five commissioners have 
; been elected ; hence the name " commission government " no 
longer accurately describes the government, because a com- 
missioner is a person appointed. However, the name " com- 
mission government " has persisted, but in all commission cities 
the commissioners — called council in many "commission cities" 
— are elected. The provisions of the Galveston charter are : 

(1) Five commissioners elected by the voters of the entire city for 
terms of two years and a salary of $1200 a year. (These com- 
missioners are business men and devote only a portion of their time 
to the city service.) 

(2) Joint power of the commissioners 
(a) to enact all city ordinances, except that bond issues must 

be submitted to the people for their approval or rejection ; 
(h) to grant franchises (permits) for such public services as 
street railways ; 



336 VILLAGE AND CITY GOVERNMENT [§ 219 

(c) to appoint an expert head and subordinates for each ad- 
ministrative department and dismiss the same with or 
without cause. 

(3) Supervision of the city departments distributed among the 
commissioners, except the mayor-president, as agreed upon by the 
commissioners themselves. 

(4) Mayor-president elected by the citizens as one of the five. (He 
must be in his office six hours a day; receives $600 extra, or a total 
of $1800; has no veto; and is merely first among equals so far as 
actual power is concerned, but endeavors to harmonize the work of 
the commission, and represents the city at social functions.^) 

Good results from the uew form of government were almost 
immediate. A sea wall was built, a causeway for vehicles and 
for electric and steam railways w^as constructed to the main- 
land, and the level of the city was raised.^ Bonds are again 
worth full value, and a proper proportion of the debt has been 
paid without increasing the tax rate. 

During the decade following the change in the form of 
government $136,000 was earned in interest derived from city 
deposits. Under the old regime no interest had been required 
of the favored bankers. The Galveston plan soon became 
famous and spread to other Texas cities. 

In 1907 the citizens of Des Moines, Iowa, became dissatisfied 
with, their council-mayor type of government, and the Com- 
mercial Club arranged a debate to discuss the merits of the 
commission government as compared with a small council 
and strong mayor plan. As the result of the debate a large 
majority of the committee of three hundred citizens who had 

1 The school board is elected at a special election acd is not subordinate to 
the commission, but is dependent upon it for appropriations of money. Judges 
are likewise selected independently of the commission. 

2 A canal 2| miles long, 300 feet wide, and 20 feet deep was excavated from 
Galveston Bay through the residential section of the city. The houses were 
moved to vacant lots. Self-loading, self-propelling, and self-discharging 
dredges sucked sand from the bottom of the bay, brought it into the canal 
and discharged it through pipe lines, the water draining back into the canal. 
When the work was completed the canal was refilled and the houses replaced 
on the foundation thus made. 



§219] COMMISSION TYPE OF CITY GOVERNMENT 3B7 

been named as " jurors " decided in favor of the commission 
plan. The Iowa legislature was appealed to, and enacted a 
general law allowing any city of a prescribed population to 
adopt this new plan of government. 

The Des Moines Type of Commission Government is practi- 
cally the Galveston plan with the five additional features : 

(1) The Initiative — 25 per cent of the voters can propose a city 
ordinance and have it voted upon at a special election, or 10 per cent 
of the voters can have an ordinance voted upon at a regular election. 

(2) The Referendum — 25 per cent of those who voted at the last 
election can have an ordinance which the commission has passed re- 
ferred to popular vote for approval or rejection, provided the petition 
is presented within ten days of the date of its passage, 

(3) The Recall — 25 per cent of the voters may demand that any 
one or all of the commissioners again stand for office at a special elec- 
tion called before the expiration of the term. 

(4) Non-Partizan Primaries Followed by Non-Partizan Elections — 
Any person may have his name placed upon the primary ballot by 
presenting a petition containing twenty-jB.ve names. The names of 
candidates are arranged alphabetically with no indications of party. 
The ten highest are placed upon the ballot for the regular election in 
the same manner, and the five highest are elected. 

(5) A Civil Service Committee — A committee of three citizens is 
appointed by the commission, for a term of six years, to examine em- 
ployees for subordinate positions. The employees, however, may be 
removed by the commission. 

The advantages of the commission government are : (1) the 
number to elect is small ; (2) they can act promptly ; (3) they 
have full power to act, and cannot shirk their responsibility by 
referring an aggrieved citizen to some one else ; and (4) they 
are easier to watch than if they were many. 

The way to get good government is to give power to a few 
people and watch those few in order to hold them responsible. 
A city boss does not steal when he is being watched. The com- 
missioners meet in public, record their votes for the inspection 
of the public, publish their ordinances in the papers, and issue 
frequent financial reports. 



338 VILLAGE AND CITY GOVERNMENT [§ 220 

If they refuse to enact an ordinance which the majority of 
voters desire, the voters themselves may initiate and pass it 
(initiative) ; if the commission passes one which the voters do 
not want they may have it referred to them and reject it 
(referendum) ; if the commissioners are believed to be dishonest 
or are inefiB-cient a new election may be called and one or all of 
the commissioners recalled by electing others to take their 
places (recall). Thus we get government for the people by a 
few who are responsible to the people. 

Of the 778 cities with 8000 or more population 197 have 
commission government, and the number is rapidly increasing.^ 

220. The Manager Type of City Government. — The manager 
type of government is really a modification of the commission 
type. It consists of a council of three or five members, accord- 
ing to the size of the city, who determine the policy, but select 
a manager to administer the government of the city. The 
council of five who represent the people are like the directors 
of a commercial corporation who are selected by the stock- 
holders to determine the business policies, and the city man- 
ager selected by the council is like the general manager of a 
commercial corporation. 

In 1907 Staunton, Virginia, the birthplace of Woodrow 
Wilson, was casting about for a plan of government which 
would increase the efficiency of its city government, and would 
have adopted the commission plan had not the constitution of 
Virginia required all cities of the first class to have a two- 
chambered council, for Staunton is a city, of the first class. 
However, the city charter permitted the council to appoint 
new officers, and early in 1908 it appointed a " city manager." 
The manager was given full charge of the administration of 
the city, and was allowed to appoint and dismiss heads of de- 
partments and other city employees. 

The manager of Staunton for the first three years was Mr. 

1 Commission cities with more than 100,000 inhabitants are Buffalo, New- 
Orleans, Jersey City, St. Paul (modified form), Portland, Oakland, Birming- 
ham, Memphis, Omaha, Nashville, Lowell, and Spokane. 



§ 220] THE MANAGER TYPE OF CITY GOVERNMENT 339 

Ashburner of Eichmond, formerly construction engineer for 
the Chesapeake and Ohio Railroad Company. Through busi- 
ness-like methods he brought about efficient administration for 
the city. For example, by purchasing supplies for all of the 
departments he saved a neat sum for the city-; he laid grano- 
lithic walks at about half their cost when put out at contract 
under the old system ; and by putting meters in all houses the 
usual shortage of water was overcome. A few other cities 
have added a manager to their existing form of government. 

The first real manager government was organized by Sumter, 
South Carolina. The Short Ballot Organization, of which Mr. 
Eichard S. Childs of New York is secretary and leading spirit, 
prepared a model charter which, with a few modifications, 
Sumter adopted in 1912, after obtaining permission of the 
State legislature. The first three councilmen were exceptionally 
capable men, one being a planter, one a banker, and the third a 
lawyer. They advertised for a manager and chose one from 
another State. He brought about a number of economies. 

An interesting incident is told of how this manager got rid of 
mistletoe which was killing miles of trees in the streets of the 
city. It had not been removed previously because of the great 
cost. The manager knew that mistletoe has a time and place 
value, so he had a number of workmen cut the mistletoe from 
the trees and sold it in the North for enough to cover the entire 
cost of having the trees cleaned. 

The new constitution of Ohio permits cities to draft their 
own charters, and after the flood in the spring of 1913 Dayton 
elected a charter committee pledged to the manager plan. As 
Dayton is the only city with more than 100,000 inhabitants 
that has adopted the manager plan, an outline of its govern- 
ment is most interesting. 

The Dayton Type of Manager Government is as follows : 

(1) A Commission of five elected from the city at large for a term 
of four years, partial renewal biennially, on a salary of $1200. 
Duties : enact ordinances, determine tax rate, make appropriations, 
and elect a manager and a civil service board. 



340 VILLAGE AiS^D CITY GOVERNMENT [§ 220 

(2) A Mayor who is the commissioner receiving the greatest vote 
the year that three are elected. Merely first among equals. Duties : 
presides at meetings of the commission, is ceremonial head of the 
city, suits against the city are brought in his name, is agent of the 
governor in carrying out the State militia law, but has no veto. 

(3) A Manager chosen by the commission for an indefinite term. 
Removed either by commission or by recall of the voters. Salary de- 
termined by, the commission. Duties: enforces the city ordinances, 
employs and dismisses department heads, dismisses even civil service 
employees, advises commission as to needs of city. 

(4) jSTon-Partizan primaries and elections. 

(5) Initiative. 

(6) Referendum. 

(7) Recall of commissioners or manager. 

(8) Publicity provisions as in the regular commission plan. 

Mr. Waite, the first and present manager of Dayton, was 
street commissioner of Cincinnati. His salary is $12,500. 

The advantages of the manager plan are : (1) The burden- 
some duties are performed by the manager, therefore a promi- 
nent business man can afford to serve as commissioner because 
he can continue with his regular business. (2) The manager 
may be chosen from within or without the city. (3) The 
manager may be chosen without political considerations. Mr. 
Waite recently said that he does not know the politics of any 
of his subordinates. (4) Powers and responsibility are cen- 
tered in one man. " If anything goes wrong you know whom 
to hang.^' Either the manager or the three or five commis- 
sioners are to blame. In the main, the responsibility is cen- 
tred in the manager as the commissioners give him great 
latitude. (5) It makes city governing a profession instead of 
political graft. For instance, the manager of Staunton received 
$2500 a 'year, but was successful and is now manager of 
Springfield, Ohio, on a salary of $6000. 

There are only twenty-five manager cities with as many as 
8000 inhabitants,^ but the number is increasing very rapidly. 

1 The following cities with more than 25,000 inhabitants (census 1910) have 
the manager type of government : Dayton and Springfield, Ohio ; Wheeling, 



§222] CITY PROBLEMS 341 

221. Home Rule for Cities. — A city government has only 
such powers as the State grants it. These powers are usually 
enumerated in a charter which contains the name of the city, 
a description of its boundaries, the form of its organization, 
and an enumeration of its powers. Until recent years it was 
the practice in most States for the legislature to grant a 
separate charter for each city. This procedure occupied much 
of the time of the legislatures and resulted in a favoritism to 
certain cities. In time, however, many State legislatures 
grouped their cities into classes and enacted general uniform 
laws for the government of all cities of a class. 

City inhabitants felt that they should have more control 
over their own government, and in recent times " home rule " 
provisions have been placed in the constitutions of a number 
of States. These provisions allow the people of a city, under 
certain restrictions, to frame their own charter. Of course 
these charters must not contain provisions inconsistent with 
the State laws. 

Of the States permitting cities to draft their own " home 
rule" charters Ohio is the most liberal.^ The Ohio Con- 
stitutional Convention of 1912 gave cities the power either to 
frame their own charters or to adopt by local referendum any 
general or special charter laws which the State legislature 
might pass. The legislature promptly prepared three model 
charters ; one of the council-mayor type, one of the commission 
type, and one of the manager type. However, most of the 
larger cities of Ohio prepared their own charters and are now 
enjoying self-made or " home rule " charters. 

222. City Problems. — City Portals. — Every city should have 
a union station for the convenience of the traveling public. One 

W. Va. ; Jackson and Grand Rapids, Mich. ; Niagara Falls, Newburg, and 
Watertown, N. Y. ; San Jose, Cal. ; and Portsmouth, Va. 

1 The other "home rule" States are California, Colorado, Michigan, 
Minnesota, Missouri, Oregon, Oklahoma, and Washington. These States, 
however, lay various troublesome restrictions upon the right of cities to make 
their own charters, whereas in Ohio the only restriction is the will of the 
people of the particular city. 



342 



VILLAGE AND CITY GOVEKNMENT 



[§222 



of the most attractive and convenient union stations is that at 
Washington, D. C. For this station about $25,000,000 was 
expended for the site, approaches, and building. Of this 
amount the United States Government and the District of 
Columbia Government contributed about $5,500,000. 

Streets. — In the material development of a city the question 
of street-paving is of first importance. Mr. W. B. Munro^ 




The Union Station, Washington, D. C. 

has summarized the desirability of the various kinds of pave- 
ments in the following table : 



Economy in 
Construction 


Economy ix 
Kepair 


DrKABILITY 


Cleanliness 


NOISE- 
LESSNESS 


Safety 


1st Macadam 
2d Asphalt 
3d Brick 
4th Wood 
5th Granite 


Granite 

Brick 

Wood 

Asphalt 

Macadam 


Granite 

Wood 

Brick 

Asphalt 

Macadam 


Asphalt 

Brick 

Wood 

Granite 

Macadam 


Wood 

Macadam 

Brick 

Asphalt 

Granite 


Granite 

Macadam 

Brick 

Wood 

Asphalt 



Principles and Methods of Municipal Administration," page 103. 



§222] 



CITY PROBLEMS 



343 



All increasing number of cities light their own streets and 
furnish electricity and gas to their citizens. In 1912 there 
were 3659 commercial lighting plants and 1562 municipal 
plants in the United States, the commercial plants having in- 
creased 30 per cent and the municipal plants 91 per cent in ten 
years.^ 

Kothing mars the beauty of city streets more than bill- 
boards. City laws prohibiting billboards on private property 
have usually been 
declared unconstitu- 
tional because the 
courts have consid- 
ered the restriction 
an unreasonable inter- 
ference with one's use 
of his private prop- 
erty. (See U. S. 
Constitution, Amend. 
XIY.) The courts do 
not yet consider the 
unsightliness of bill- 
boards to be a suffi- 
cient annoyance to 
compel one to remove 
them from his private 
property. However, 

billboards which might conceal thugs, produce disease, set fire 
to adjoining property, or blow down and destroy life may be 
prohibited. 

Por instance, I^ew York requires fireproof billboards with 
secure wind braces and prohibits electric signs which unduly 
interfere with sleep. Chicago requires billboards to have an 
open space below them and at the sides. St. Louis limits the 
area of billboards to 500 square feet, and some cities tax them 
as real estate. 




Cleveland's Three-cent-fare Trolley 
Car. 



1 Zueblin, Charles, "American Municipal Progress," page 68. 



344 



VILLAGE AND CITY GOVERNMENT 



[§222 



Electric Railways. — Scarcely any of the American cities 
own and operate their own street railways, though some of the 
subways ^ are built by municipalities. The threat of public 
ownership in Cleveland brought a three-cent fare to most parts 
of the city. 

Water Systems. — Most of the larger cities own their water 
systems, the most interesting of which is the Los Angeles 

system. This city brings 
its water a distance of 250 
miles by gravity through 
concrete and steel con- 
duits and pipes. In con- 
structing this system it 
was necessary to dig a 
live-mile tunnel through 
the mountains and to cross 
150 miles of desert. The 
gravity of the water 
supplies 120,000 horse 
power of electrical energy, 
and in addition to supply- 
ing water for the city re- 
claims nearly 200 square 
miles of arid land near 
the city. 

Seivage Disposal. — 
New York and most other 
cities empty their sewage 
into nearby streams, 
though New York is pre- 
paring for a more sanitary 
method of disposal. Baltimore and New Orleans have very 
modern disposal systems. The Baltimore system consists of 
a series of settlement tanks. The water is siphoned from 

1 The only American subways for passengers are those of Boston, Greater 
New York, and Philadelphia. Chicago has a subway for freight. 




The Water Supply of Los Angeles 
Siphons Itself over Mountains. 



§222] 



CITY PROBLEMS 



345 



one tank to another, then flows through a revolving screen, is 
sprayed into the air by a series of thousands of small foun- 
tains, and falls upon beds of stone and sand through which it 
is filtered. It flows into the Bay as pure as the waiter in the 
city reservoirs. As the 
water falls from the filtra- 
tion beds into the Bay it 
is used to generate elec- 
tricity by which the dis- 
posal plant is operated. 

Pasadena, being in a dry 
climate, uses its sewage to 
water a city farm contain- 
ing an orange grove, an 
English walnut orchard, 
and fields of alfalfa, grain, 
and hay. 

Wharves. — Every city 
should own its wharves 
for the encouragement of 
commerce. San Francisco 
and ISTew Orleans, the gate- 
ways to the Panama Canal, 
own practically all of their 
water fronts, and Greater 
New York now owns 349 
of its 577 miles of water 
front. Los Angeles, a 
city 21 miles from water, 
has already acquired four 
miles of water front. On the other hand, the Lake cities own 
scarcely any of their wharfage ; and though the United States 
has spent $20,000,000 improving and maintaining a 30-foot 
channel for the harbor of Galveston, the wharves are owned 
almost entirely by private persons. 

The states of Australia own the land 66 feet back from their 




The Handsomest Policewoman in 
America. 

Miss Blanche Pay son of San Francisco. 



346 



VILLAGE AND CITY GOVERNMENT 



[§222 



waterways, hence private persons cannot monopolize the water 
front as in the United States. 

Social Centres. — The importance of parks, playgrounds, 
recreation piers, public baths, and other social centres are 
more and more appreciated by cities. Library and school 
auditoriums are commonly used for public lectures, music, and 
moving pictures. A few cities maintain public laundries where 




Forsyth Dental Infirmary, Boston. 
Here hundreds of children are treated free daily. 

a housewife may do her week's washing with the aid of 
machinery. 

Policeiuomen. — Since 1911, when Los Angeles employed the 
first policewomen, many cities have employed them, Chicago 
alone having about thirty policewomen. These officers pro- 
tect girls from insults by young men who frequent street 
corners ; act as public chaperons at places of amusement which 
are frequented by women and girls ; obtain evidence from 
women ; and attend court when women are testifying. In Los 
Angeles they enforce the 9 o'clock curfew law for girls under 
seventeen years of age. 

Health Protection. — Most cities have a health board to look 
after the general health conditions of the city. School children 



§222] CITY PROBLEMS 347 

are inspected in nearly all American cities, and in many free 
treatment is given to the eyes and teeth. Free medical dis- 
pensaries are commonly maintained to supply the needs of the 
poor. 

Many cities send health agents into the country for miles 
around to inspect all dairies and herds from which the city's 
milk supply is obtained. The milk itself is further inspected 



GRIFFITH STREET 
17 MILK PEDDLERS 
SUPPLY 38 HOMES. 

TOTAL TRAVEL 4 MILES 



THIS SERVICE COULD BE RENDERED 
BY ONE DISTRIBUTOR IN A TRAVEL 
OF LESS THAnVj of a mile. 




i^C^^i trc^ 




Courtesy World's Wort, Vol. 25. 
An Economic Waste in Distribution of Milk in Rochester, 
New York. 

from time to time after it reaches the city. Would it not be 
well for our cities to distribute their milk supply in order to in- 
sure its quality as well as to save the present economic waste 
in its distribution ? 

Cities have various regulations to prevent such diseases as 
tuberculosis and typhoid fever, but the American cities have 
not become as efficient as the European cities in reducing the 
death rate caused by typhoid fever. This is shown in the 
following table : ^ 

iMunro, W. B., "Principles and Methods of Municipal Administration," 
page 144. Published 1916. 



348 



VILLAGE AND CITY GOVERNMENT 



[§222 



Annual Death-Rate from Typhoid per 100,000 



In American Cities 


Rate per 100,000 


In European Cities 


Rate pee 100,000 


New York . . . 


12 


London .... 


5 


Philadelphia 




36 


Paris . . . 


. 


8 


Chicago . . 




15 


Berlin . . . 


. 


4 


St. Louis . . 




15 


Vienna . . 


. 


4 


Boston . . . 




26 


Glasgow . . 


. 


8 


Baltimore . . 




31 


Hamburg- 




4 


Buffalo . . 




21 


Munich . . 




3 


Cleveland . . 




13 


The Hague . 




1 



Bibliography 

Beard, Charles A. Digest of Short Ballot Charters. 1911 . 

Bradford, Ernest S. Commission Government in American Cities. 

(Citizens Library.) 1911. 
Fairlie, J. A. Local Government in Counties, Towns, and Villages. 

(American State Series.) 1906. 
MuNRO, W. B. The Government of American Cities. 1912. 

. Principles and Methods of Municipal Administration. . 1916. 

TouLMiN, H. A. The City Manager. 1915. 

Wilcox, Delos F. Great Cities in America. (Citizens Library.) 

1910. 
ZuEBLiN, Charles. American Municipal Progress. 1916. 
The charter of your city. 



Questions on the Text 

1. What is a village ? 

2. In what section of the country are small incorporated centers 
of population called towns ? Villages ? Boroughs ? 

3. What is meant by the term town in the New England States ? 

4. How are towns or villages created in the State in which you 
live ? How many inhabitants are necessary ? 

5. What are the usual powers of towns or villages ? 

6. By what name is the legislative body of a town or village 
commonly known ? What character of ordinances may it enact? 



QUESTIONS 349 

7. By what title is the principal executive officer of a town usually 
called ? 

8. What other officers do towns or villages commonly have ? 

9. How does a city differ from a town or village ? 

10. How many inhabitants are necessary for city government? 

11. What per cent of the American people lived in cities in 1790 ? 
In 1910? 

12. What has been the cause of such rapid growth of cities ? Is 
this rapid growth of cities peculiar to the United States ? 

13. What three types of city government are there in the United 
States ? 

14. Is the tendency toward a council of two branches or of one 
branch ? 

15. Explain the present organization of the council-mayor gov- 
ernment for cities. 

16. How is the mayor selected and what are his duties ? 

17. How is the council selected and what are its duties ? 

18. Explain why the council-mayor type of city government does 
not work well and why it is favored by political bosses. 

19. Describe the commission type of city government. Explain 
how it originated in Galveston. 

20. Is "commission government" the correct name for this type 
of government ? ,• 

21. Wh^t do you mean by a city charter? (See Sec. 221.) What 
are the provisions of the Galveston charter ? 

22. What are some of the benefits derived from this new form of 
government in Galveston ? Tell how it came to be adopted by Des 
Moines. 

23. What five features did Des Moines add to the Galveston plan ? 

24. ^N'ame four advantages of the commission type of government. 

25. Describe the manager type of government. Explain how the 
idea originated in Staunton, Virginia. 

26. Explain the working of this type of government in Sumter, 
South Carolina. 

27. Why and when was the manager type adopted in Dayton, Ohio ? 

28. Explain the Dayton type of manager government. 

29. What are the advantages of the manager 'type of government? 

30. What is meant by " home rule " for cities ? Why is it im- 
portant? Which State has the most liberal " home rule " provisions? 

31. W^hat material do you consider best for paving a street? 



350 VILLAGE AND CITY GOVERNMENT 

32. Is city ownership or private ownership of electric light plants 
increasing more rapidly ? 

33. Could your city prohibit billboards ? 

34. Describe the Los Angeles water system. 

35. Describe the Baltimore filtration plant. The Pasadena system 
of sewage disposal. 

36. Why are wharves so important for a city? Should the 
wharves be owned by the city or by private persons ? 

37. What social centers do cities commonly have ? 

38. How do American cities attempt to guard health ? Do they 
guard it as efficiently as European cities ? 

Questions for Discussion 

1. What offices has your town or village and by whom are they 
filled ? 

2. Bound your town or village. Name all the incorporated towns 
or villages within your county. 

3. What county taxes are paid by the residents of your town or 
village ? 

4. What is the population of your town or village? 

5. Why does your town or village need a government distinct 
from that of your county ? 

6. Has your town or city a civic improvement league of any sort ? 
If so, what valuable services does it perform? How can you assist 
it ? Does it improve the school grounds ? Does it place waste paper 
receptacles along the sidewalk? Does it place bulletin boards at 
certain places along the main streets for posters so that they will not 
be stuck over buildings, fences, and telephone posts? Does it take 
part in the social service or moral uplift work ? What do you propose 
to do? 

7. Would it be wise for your town or village to have a public 
meeting annually and hear reports from your officers and discuss 
needed improvements? Also, may not your representative to the 
State legislature give an account of the most important things done 
by the legislature for the village, county, or State ? 

8. What determines the location of cities ? 

9. Does your State constitution contain any provisions in regard 
to cities ? What are they ? Could your town become a city ? How ? 

10. How many cities has your State ? What is the population of 
the largest ? Of the one in which you live ? 



QUESTIONS 351 

11. Name the principal officers of your city. How are they 
selected ? For what term ? 

12. The cities of Ohio are allowed to draft their own charters. 
Do you think every city should be allowed to prepare its own charter ? 

13. States may enact any laws which do not conflict with federal 
laws. Why not allow all cities to enact any laws which do not con- 
flict with State laws ? 

14. Does your city own its water system ? Gas system ? Electric 
light system? Street railways ? Jitney bus lines? Heating system ? 
If not, why not ? 

15. By the right of eminent domain many European cities con- 
demn old city blocks, tear down the unsanitary buildings, and put up 
new ones and rent them at their actual cost. Most American cities 
do not have this privilege. Should they have it? 

16. Buenos Ayres has recently built 10,000 homes for working 
men. Do you think your city should follow this example if the State 
law permits ? 

17. Many cities have ordinances against permitting weeds to grow 
in vacant lots. Has yours ? 

18. At the suggestion of the civil service board of Oakland, Cali- 
fornia, cash prizes are offered to city employees who make valuable 
suggestions for the betterment of the service in the various depart- 
ments. Do you favor this scheme for your city ? 

19. Many Southern cities have segregation ordinances providing 
that if the majority of persons living in a block are white, no colored 
persons may move into said block, and vice versa. What arguments 
are there for and against this distinction ? 

20. What organization is there in your city working for the im- 
provement of its government? If there is none, start one. 

21. Harrisonburg, Virginia, a city of 5000, owns a gravity water 
system which earns f 10,000 a year net profit for the city, and an 
electric power plant on a nearby river which also produces a similar 
profit for the city. Is there a water power site available near your 
city or a supply of water which would flow by gravity to the city ? 

22. The University of Illinois has a Professor of Civic Designing. 
Is there any plan for the future development of your city? Draw a 
map of your city as it should be, showing where a town hall, library, 
high school, fire engine house, post office, court house if a county seat, 
ball grounds, and tennis courts should be located. 



CHAPTER XXV 

SUFFRAGE 

223. Suffrage and Citizenship Distinguished. — The word 
suffrage comes from the Latin word suffragium, and means a 
vote. Suffrage, then, is simply the privilege of voting at elec- 
tions. Citizenship means membership in a State. " All persons 
born or naturalized in the United States, and subject to the 
jurisdiction thereof, are citizens of the United States and of the 
State wherein they reside." ^ Infants born in the United States 
are citizens and are entitled to the privileges of citizens at 
home and abroad, but they cannot vote. 

224. Suffrage Determined by Each State. — So long as a State 
maintains a republican form of Government ^ it may determine 
what persons are to enjoy the political privilege of voting at 
both its own and national elections, with two exceptions : 
(1) that the same persons must be allowed to vote for United 
States senators and representatives that vote for members of 
the more numerous branch of the State legislature, and (2) that 
no person may be deprived of suffrage because of race, color, 
or previous condition of servitude.^ 

1 United States Constitution, Amendment XIV. 

2 A republican form of government is a representative government, or one 
in which the people elect their law-makers and other public officers directly or 
indirectly. 

3 The Fourteenth Amendment to the Constitution of the United States 
(Sec. 2) provides that any State which denies male citizens twenty-one years 
of age the privilege of voting, except for crime, shall have its representation 
in Congress reduced in the proportion which the number of such male citizens 
shall bear to the whole number of male citizens twenty-one years of age in 
such State. This provision has never been enforced, but after each decennial 
census when a reapportionment of representatives is being made, some con- 
gressman calls attention to the provision. 

352 



§225] SUFFRAGE RESTRICTION AS TO AGE 353 

In practice the States commonly permit the same voters to 
participate in all elections, though in a number of States women 
may vote in school elections only, in a few they may vote on 
the question of bond issues only, in Illinois they may vote for 
those officers that are not provided for in the State constitu- 
tion, and in 1915 the governor of Ehode Island recommended 
to the legislature that women be permitted to vote for presi- 
dential electors only. The Rhode Island legislature voted 
against the governor's recommendation, but had they chosen 
to extend to women the right to vote for presidential electors 
only, they would have acted within their rights. 

All of the States agree that no person should have more than 
one vote, but four persons out of every five have no vote. 
Some early State constitutions prescribed religious tests as a 
prerequisite to voting, and most of them limited the privilege 
to property owners. To-day there are three restrictions on 
suffrage, or the right to vote, which apply to normal persons in 
every State and three additional ones in some States. 

(1) Age. — In no State may a person vote who is less than 
twenty-one years of age. 

(2) Citizenship. — In no State may a person vote who is not a 
citizen of the United States or has not declared his intention 
to become such. 

(3) Residence. — In no State may a person vote who has not 
resided in the State a period prescribed by law. 

(4) Sex. — In more than half of the States women may not 
vote in all elections. 

(5) Education. — In nearly one third of the States a person 
may not vote who cannot read or write. 

(6) Taxation. — In a few of the States a person may not vote 
who has not paid his poll tax. 

Such abnormal persons as idiots or insane, paupers supported 
at public expense, and those who have committed certain crimes 
are, in nearly all States, denied the right to vote. 

225. Suffrage Restriction as to Age. — In no one of the forty- 
eight States may a person vote who is less than twenty-one 



354 SUFFRAGE [§ 226 

years of age. Twenty-one years of age has no special signifi- 
cance. We have simply followed the English law which pre- 
scribed this age. In ancient Sparta the age was thirty, while 
in Athens it was only sixteen. In G-ermany to-day it is twenty- 
five, but in Switzerland it is only twenty. 

The age prescribed by the American States is no doubt as 
satisfactory ^s that prescribed by any of the other countries, 
but it is merely a rough and ready test. Some boys are more 
mature mentally at eighteen than others ever become. Maybe 
civil service examinations will be given to all applicants for the 
suffrage at some future time. 

226. Suffrage Restrictions as to Citizenship. — In seven States 
aliens may vote in local, State, and national elections, provided 
they have declared their intention of becoming citizens of the 
United States by taking out their first naturalization papers.^ 
In the other forty-one States suffrage is restricted to citizens 
of the United States. It should be clearly borne in mind that 
while only those persons Avho are citizens of the United States or 
have declared their intention to become such may vote, never- 
theless, four fifths of those who are citizens are not permitted 
to vote, most of the disfranchised being women and children. 

227. Suffrage Restrictions as to Residence. — When a citizen 
of the United States moves from one State to another he is re- 
quired to reside in the latter State for a period prescribed by 
the law of that State, varying from three months in Maine to 
two years in most of the Southern States,^ before he can vote 

1 These States are Arkansas, Indiana, Kansas, Missouri, Nebraska, South 
Dakota, and Texas. Eight other States permitted aliens to vote until the last 
few years. 

2 In Idaho, Indiana, Iowa, Kansas, Michigan, Nebraska, Nevada, New 
Hampshire, Oregon, and South Dakota a residence of six months is required; 
in Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, 
Georgia, Illinois, Kentucky, Maryland, Massachusetts, Minnesota, Missouri, 
Montana, New Jersey, New Mexico, New York, North Dakota, Ohio, Okla- 
homa, Pennsylvania, Tennessee, Texas, Utah, Vermont, Washington, West 
Virginia, Wisconsin, and Wyoming, one year; and in Alabama, Louisiana, 
Mississippi, North Carolina, Rhode Island, South Carolina, and Virginia, two 
years. 



§ 228] SUFFRAGE RESTRICTIONS AS TO SEX 355 

there, though he is usually permitted to vote in the State from 
which he has moved, either by law or practice, until he has 
qualified in the State to which he has moved. If a citizen 
moves from one part of his State to another he is, in most 
States, required to reside there for a brief period before he can 
vote. 

228. Suffrage Restrictions as to Sex — Woman Suffrage. — 
In most of the States women are either wholly or partially 
excluded from suffrage, but by January 1, 1917, the following 
States and territory had extended full suffrage to them : 

Wyoming . . . . . . 1869 Arizona 1912 

Colorado 1893 Kansas 1912 

Idaho 1896 Oregon 1912 

Utah 1896 Alaska 1913 

Washington 1910 Montana 1914 

California 1911 Nevada 1911 

In 1913 the Illinois legislature extended to women the right 
to vote for presidential electors and all State and local officers 
not provided for in the State constitution.^ 

The woman suffragists are endeavoring to have the Consti- 
tution of the United States amended in a way which would 
compel the States to give the vote to women. Just as the 
Fifteenth Amendment of the Constitution provides that no State 
may deny any citizen of the United States the right to vote 
" on account of race, color, or previous condition of servitude," 
the suffragists would have an Eighteenth Amendment to provide 
that no state may deny any citizen of the United States the 
right to vote on account of sex. However, this cannot happen 
until three fourths of the States are in favor of equal suffrage. 

In States where women have full suffrage rights they do not 

1 Since the map on page 356 was prepared (January 1, 1917), the legislatures 
of North Dakota and Indiana have followed the Illinois plan and extended 
partial suffrage to women, the legislature of Ohio has extended to women the 
right to vote for presidential electors, and the legislature of Arkansas. has 
extended to women the right to vote at primary elections. As the Democratic 
nomination in Arkansas is usually equivalent to election, the women of that 
State have almost full suffrage. 



356 



SUFFEAGE 



[§228 




§229] ARGUMENTS IN FAVOR OF WOMAN SUFFRAGE 357 



ordinarily vote in such large numbers as men, though the 
greater number of them do vote. In the presidential election 
of 1912, when Wilson, Eoosevelt, and Taft were candidates, 
30 per cent of the total population of the woman suffrage 
States voted, whereas in the remaining States of the Union 
only 15 per cent of the total population voted.^ 




Copyright, G. V. Buck, Washington. 

Woman Suffragists Presenting Their Petition to Congress. 

229. Arguments in Favor of Woman Suffrage. — The following 
arguments in favor of woman suffrage are representative of 
those advanced by suffragists : ^ 

1 The fact that twice as great a proportion of the people of the woman suf- 
frage States voted as those of the States without woman suffrage might seem 
to indicate tliat all the women of the equal suffrage States voted ; however, 
when w^e consider that there is a larger proportion of men in the western 
suffrage States than in the non-suffrage States of the East, and that many- 
colored men of the South do not vote, we must conclude that a greater pro- 
portion of men than women voted in the suffrage States even at this interest- 
ing election. 

2 A suffragist is one who favors equal suffrage and may be either a man or 



358 



SUFFRAGE 



[§229 



(1) Women need the ballot because of new industrial con- 
ditions. The discovery of steam power and electricity and the 
invention of machinery have shifted the production of most 
articles of food and clothing from the home to the factory ; 
hence women are forced to work in factories, stores, and offices. 
Her new experiences prepare her for the use of the ballot, and 
in 1916 the fiye leading parties favored granting it. 







CopyHgfit, Underwooa & Underwood, N. Y. 
A Suffragette Speaking to Wall Street Men. 

(2) The minds of men and women differ only slightly by 
nature, says Bergson, the French philosopher. 

(3) When women are given the ballot they take more interest in 
civic duties than in idle pastimes. 

(4) More girls than boys are being educated. In 1914, for in- 
stance, 106,805 girls and 74,104 boys graduated from public 
and private high schools in the United States. 

(5) Persons who train citizens should understand the political 

a woman ; a suffragette is a woman who actively advocates equal suffrage for 
her sex. 



§ 230] ARGUMENTS OPPOSED TO WOMAN SUFFRAGE 359 



duties of citizens. In 1913 there were 501,014 female and only 
143,924 male teachers in public and private schools of all kinds 
in the United States. 

(6) Both by nature and by necessity women have better moral 
habits than men and their votes would therefore improve moral 
legislation. 

(7) TJie most dignified way for women to influence legislation is 
by the secret ballot. With- 
out equal suffrage a woman 
who works for legislative 
reforms must go to the 
legislative halls and im- 
press her views upon the 
legislators by "lobbying." 

230. Arguments Opposed 
to Woman Suffrage. — The 
following arguments op- 
posed to woman suffrage 
are representative : 

(1) The growth of civil- 
ization is marked by an 
increasing specialization 
and division of labor. 
Woman suffrage would 
therefore be a step back- 
ward. 

(2) Women are represented already by their husbands, fathers, 
and brothers. 

(3) If laws are unjust they can be corrected by woman's indi- 
rect influence. 

(4) Men know more about business than women. A city or 
state is a big business concern ; and men, by the nature of their 
occupations, are better fitted to govern them. 

(5) Equal suffrage would double election expenses. 

(6) It is not quantity but quality of votes that is needed. 

(7) More bad women than good women loould vote. 





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Copyright, Underwood & Underwood, N. Y. 
Forty Thousand Woman Suffra- 
gists Parading on Fifth Avenue, 
New York. 



360 SUFFRAGE [§ 231 

(8) Women have an influence because they are non-partizan. 
They, like men, cease to be non-partizan when they become 
voters. 

(9) If women vote they must he prepared to hold elective offices. 
As soon as women want laws enforced which men do not want, 
women themselves must take charge of the enforcement. 

(10) Women cannot fight, and therefore should not vote. 

(11) Woman suffrage is a step toward feminism. By femin- 
ism is meant the new radical ideas advocated by many women 
which tend to give them a more independent position. 

^ (12) States without woman suffrage have enacted as much social 
legislation as those with woman siffrage. New England has as 
much social legislation benefiting women and children as the 
Western Suffrage States. 

(13) The majority of women do not ivant suffrage. The ques- 
tion should be decided in each State by the votes of women 
themselves. 

231. Educational Restrictions on Suffrage. — Some sort of 
educational test is now required in one third of the States.^ In 
some it is merely ability to read ; in others, to read and write ; 
and in still others, to read, write, and understand a passage 
from the Constitution. The first educational test was adopted 
by Connecticut in 1855 during the Know Nothing agitation 
against foreign immigrants. Massachusetts followed in 1857, 
Wyoming in 1889, and Maine in 1891. Since that date most 
of the Southern States have adopted educational tests. In the 
Northern States the tests do not extend beyond the ability to 
read and write. In some of the Southern States the under- 
standing clauses were added.^ 

1 The following States have the educational test in some form : Connecti- 
cut (1855 and 1897), Massachusetts (1857), Wyoming (1889), Mississippi (1890), 
Maine (1891), California (1894), South Carolina (1895), Washington (1896), 
Delaware (1897), Louisiana (1898), Alabama (1901), Virginia (1902), North 
Carolina (1902), New Hampshire (1903), Georgia (1908), and Oklahoma (1910). 

2 The Virginia educational test is as follows : Every person unless physi- 
cally unable, " makes application to register in his own handwriting, without 
aid, suggestions, or memorandum, in the presence of the registration officers, 



§232] TAX RESTRICTIONS ON SUFFRAGE 361 

" Grandfather Clauses " were inserted in the constitutions of 
most Southern States. These clauses provided that persons 
who voted before the Civil War and their male descendants may- 
vote without taking the educational tests. These exceptions 
however were all abolished by 1915 when the last, that of 
Oklahoma, was declared to be in conflict with Amendment XV 
of the Constitution of the United States. 

Ideal Educational Test. — Justice would seem to demand that 
every adult citizen of the United States — whether man or 
woman, white or colored — should have the right to vote, 
provided such citizen is sufficiently intelligent and has not for- 
feited the right by misconduct, such as crime. The most prac- 
tical way of testing intelligence is by a civil service examination 
conducted under the direction of an impartial civil service 
board. Such an examination would not be unlike the State ex- 
aminations given by the Board of Eegency for New York 
State. This need be given only once, provided the applicant 
passes the first time, and as the voter registers anew he could 
simply present his certificate. 

The questions of such an examination should concern gov- 
ernment and should not be made difficult enough to exclude an 
unreasonable number. ISTor should any questions be asked 
which are not taught in free public schools. Every intelligent 
and energetic person should be encouraged to vote, and not 
discouraged. 

232. Tax Restrictions on Suffrage. — In a number of Southern 
States suffrage is restricted to those who have paid a small 
annual poll tax. This tax varies from one to two dollars. 

For instance, in Virginia one cannot vote unless he has per- 

stating thereon his name, age, date and place of birth, residence, and occupa- 
tion at the time and for two years next preceding, and whether he has previ- 
ously voted, and, if so, the State, county, and precinct in which he voted last; 
and . . . answers on oath any and all questions affecting his qualifications as 
an elector, submitted to him by the officers of registration, which questions, 
and his answers thereto, shall be reduced to writing, certified by the said 
officers, and preserved as a part of their official records." This registration is 
permanent so long as the person registered remains in the same precinct. 



362 SUFFRAGE [§ 232 

sonally paid his $1.50 poll tax six montlis previous to the 
regular election. Moreover, this tax must be paid for the past 
three years. That is, if one fails to pay this tax for three 
years he must pay $4.50 six months before the regular elec- 
tion. The voter is required to pay this tax six months before 
the election so that the candidates for office will not have been 
nominated. Thus the politicians are not so likely to give 
voters money with which to pay this tax. The payment of 
this tax is strictly enforced. If it is not paid at the end of 
three years real estate can be sold to pay it if the man owns 
any. 

A poll tax is not very just because the poor man must 
pay as much as the millionaire. In the South its purpose was 
to discourage from voting the negroes who had passed the 
educational test. In practice it keeps a great many whites 
from voting, some worthy and many worthless ones. 

Bibliography 

Literature issued by the National American Woman Suffrage Asso- 
ciation, New York City. 

Literature issued by the Man-Suffrage Association Opposed to Polit- 
ical Suffrage for Women, Xew York City. 

See bibliography at the end of Chapter XXIX for further references. 

Questions on the Text 

1. What is meant by the word suffrage ? By the word citizenship ? 

2. Is suffrage determined by the United States or by the States? 

3. What restrictions are placed upon the regulation of suffrage 
by the Constitution of the United States ? 

4. Could any State permit women to vote for presidential elec- 
tors but for no other officers? 

5. What three restrictions does every State place upon suffrage? 
What three additional ones do some States impose ? AVhat abnormal 
persons are excluded from suffrage in nearly all States? 

6. Has the requirement that an American voter must be 21 years 
of age any special significance ? 

7. Do any States permit aliens to vote ? Under what condition ? 



QUESTIONS 363 

8. How many years must one reside in the State in which you 
live before he may vote ? 

9. How many States have full woman suffrage ? Half ? Partial ? 

10. How are the suffragists endeavoring to have suffrage extended 
to all women throughout the United States ? 

11. Distinguish between the words suffragist and suffragette. 

12. AVhat are the arguments in favor of woman suffrage? Op- 
posed to it ? 

13. What kind of educational tests do a number of States have ? 
11. What is meant by " grandfather " clauses? 

15. What would be an ideal educational test for suffrage ? 

16. What tax restrictions do some States have on suffrage? 

17. Explain the Virginia law. 

Questions for Discussion 

1. Should voting be viewed as a right, privilege, or duty ? 

2. Under what conditions may a Chinese woman vote for United 
States senators and representatives in some States? (See U. S. 
Constitution, Amend. XIY, Sec. 1; Art. I, Sec. 2; Amend. XVII; 
Amend. XV.) 

3. Under what conditions may a Chinese woman vote for the 
President? (Art. II, Sec. 1, CI. 2.) 

4. If the women in an equal suffrage State should disfranchise 
the men what effect would it have upon the State's representation in 
Congress? (Amend. XIV, Sec. 2.) 

5. Can you advance any good argument against the following 
statement? "Every law-abiding adult citizen — man or woman, 
white or colored — should be permitted to vote if such person passes 
an examination which shows that he has a graded school education 
and average intelligence." 

6. Suffragists argue that woman suffrage has spread to adjacent 
States, for there the people naturally know most about how^ it works. 
Do you accept this argument, or can you advance some theory why a 
solid mass of States have adopted it ? 

7. The full suffrage States have 908 State legislators ; ten of these 
are women. Do you favor electing women to legislative bodies ? 

8. The anti-suffragists argue that the bad women cannot work 
in the open to prevent reform legislation which the women now advo- 
cate, but if women were enfranchised they would cast a secret ballot 



364 SUFFRAGE 

against reforms, as this would require no energy or publicity. Do 
you think there is anything in this argument? 

9. In the eighth assembly district of New York City only 42 out 
of 13,662 families own their own homes, and of these 42 homes all 
but 14 are mortgaged. Is this population likely conservative or 
radical in voting? Does this mean that all but the 14 families should 
be disfranchised ? (See Sec. 4.) 

10. It is the ideal of every good citizen to leave the world a little 
better than he found it. Intelligent voting is one way to attain this 
ideal. Are you preparing to be a good citizen? How? 



CHAPTER XXVI 
NOMINATIONS AND ELECTIONS 

233. Registration. — In order to determine whether all per- 
sons who claim the right to vote are really entitled to vote, 
and to identify individuals in communities where residents are 
not personally known to one another, nearly all the States re- 
quire each voter to " register " his name, address, age, length 
of residence, and other facts pertaining to his qualifications as 
a voter with a registration officer or board provided for each 
voting-place. 

All States, except Arkansas, where the constitution provides 
that registration shall not be a prerequisite to voting, require 
registration in some form in order to prevent double voting 
and other election frauds. In rural districts where the voters 
are well acquainted with one another one registration is suffi- 
cient so long as the voter remains in the same voting district, 
but two thirds of the States require voters to register each year 
that an election is held. 

For instance, in ISTew York the voter must sign his name in 
the registration book and on election day he must again sign 
his name so that the election officers may compare the two 
signatures. Where there is annual registration the party " ma- 
chines " see to it that their regular party men register, but in- 
dependent voters and many travelling men often fail to register 
and hence lose their vote. However, for cities, this practice 
mvolves less evil than would result from permanent registra- 
tion, which is necessarily very inaccurate. 

234. Political Parties. — From the beginning of our govern- 
ments men have held different opinions on matters of govern- 
ment ; so they have formed themselves into political groups, 
known as political parties, for the purpose of electing officers 

365 



366 NOMINATIONS AND ELECTIONS [§235 

who will carry on the governments in accordance with their 
views. 

The national party organization performs a useful purpose 
by organizing the people who hold similar views to support 
candidates who promise to carry out these views if elected. 
But the county and State committees of the national parties 
also work for the election of members of their parties to the 
county and State offices, and this practice is harmful. 

By means of clubs, parades, bands of music, and speakers 
who play upon the prejudices of the people, politicians induce 
weak-minded persons to work for a Democrat " right or wrong," 
or a Republican " right or wrong." It makes no difference 
whether a member of a county board of commissioners is a 
Democrat or a Republican, or whether a State legislator is a 
Democrat or a Republican. It does matter whether the county 
commissioner believes in good roads and good schools or 
whether the State legislator believes in a good State university 
or whether he is for or against the continuance of open saloons. 

An intelligent man should not be fooled into supporting a 
candidate for a local or State office because he is a Democrat 
or a Republican. 

235. — Nominating Methods. — Very soon after the establish- 
ment of the United States it became customary for political 
parties to nominate a candidate for their support at the elec- 
tion. In the United States there are at present five different 
methods of nominating candidates for elective offices. 

1. Self-announcement. 

2. Caucus or primary. 

3. Delegate convention. 

4. Direct primary election. 

5. Petition. 

Self-ayinouncement, or self -nomination, is very rare, and indi- 
cates either little competition within the party or a dissatisfied 
candidate whom the party has refused to indorse as its regular 
candidate. Some Southern and Western States provide for 
printing the names of self-announced candidates upon the ballots. 



§235] NOMINATING METHODS 367 

The " caucus " ^ is the New England name for a local mass- 
meeting of party voters, and " primary " ^ is the name applied 
to the same in the Middle or Western States. The caucus, 
or primary, selects candidates for town, ward, or precinct 
offices, and members of the town, ward, or precinct party 
committee. It also selects delegates to county and other 
nominating conventions. 

The caucus has generally proved unsatisfactory because it is 
easily manipulated by machine politicians, especially in cities, 
and it is there that half the American population live. The 
unregulated caucus has often been called on short notice to 
meet in an inadequate hall at an inconvenient time, and then 
"packed" with foreigners or "repeaters" hired by the "ring." 
As this uninviting caucus frequently ended in a " free for all " 
it is not strange that good citizens have considered it not only 
useless but even dangerous to attend. 

TJie delegate convention has been in common use since 1840 
for selecting county. State, and National candidates. The dele- 
gate convention for a county or city is a meeting of delegates 
from the various election districts of the county or wards of 
the city. These are chosen by mass-meetings, called caucuses 
or primaries, held in each district or ward. 

The delegate convention for the State is a meeting of dele- 
gates from the counties and cities, commonly chosen at the 
county or city conventions. The jSTational Convention has been 
described at some length in Chapter XVII. As the delegates 
have been selected directly or indirectly by caucuses, the evils 
of the caucus have also been the evils of the convention.^ For 

1 The term " caucus " used in this sense must not be confused with the 
legislative caucus, which is a secret meeting of legislators of a particular 
party to decide upon united action against the opposing party on the floor of 
the legislative hall. 

2 The term "primary" as here used must not be confused with the term 
'* direct primary," or " direct primary elections," which is a recent substitu- 
tion for the delegate convention. 

3 By controlling the primary-caucuses the machine politicians had the fol- 
lowing candidates selected as delegates for a Cook County convention which 



368 



NOMINATIONS AND ELECTIONS 



[§236 



this reason conventions are rapidly giving way to direct pri- 
mary elections. 

The direct primary election is conducted with some of the 
safeguards accompanying a regular election, such as registra- 
tion, secret voting, and penalties against bribery. Each party 
prints upon its ballot the members of its party who desire to 
be party cai^didates at the regular election, and the person 
receiving the greatest number of the party votes is nominated. 

Nomination by 2?etition means that candidates are placed in 
nomination by petitions signed by a certain number of voters 
and filed with some specified officer. This entitles the candi- 
date to have his name printed upon the official ballot. This 
method practically eliminates national politics from local 
elections and is well suited to cities, where national political 
parties should play no part. 

236. The Direct Primary. — In thirty-odd States the direct 
primary method is used to nominate local, county, and State 
officers, and representatives to Congress ; and in some States 
it is used for senators.^ The direct primary systems generally 
have the following points in common : 



was held in Chicago in 1896: keepers" of houses of ill fame, 2; ex-prize- 
fighters, 11; had been on trial for murder, 17; had served sentences in the 
penitentiary, 46; had been in jail, 84; no occupation, 71; political employees, 
148; saloon keepers, 265. The total number of delegates was 723. 

1 In the following thirty-eight States the direct primary has been adopted 
either by law or by party rules : 



Alabama 


Maine 


Oklahoma 


Arizona 


Massachusetts 


Oregon 


Arkansas 


Michigan 


Pennsylvania 


California 


Minnesota 


South Carolina 


Colorado 


Missouri 


South Dakota 


Florida 


Montana 


Tennessee 


Georgia 


Nebraska 


Texas 


Idaho 


Nevada 


Vermont 


Illinois 


New Hampshire 


Virginia 


Iowa 


New Jersey 


Washington 


Kansas 


New York 


Wisconsin 


Kentucky 


North Dakota 


Wyoming 


Louisiana 


Ohio 





§ 236] THE DIRECT PRIMARY 369 

1. Different parties hold primaries at the same time and 
place. 

2. Australian secret ballot is used. 

3. Ballots are printed at public expense. 

4. Names are presented by petitions and are printed in 
alphabetical order. 

5. Kegular election officials preside and are paid from 
public funds. 

6. Polls are open during specified hours. 

7. Plurality vote nominates. 

8. Corrupt practices acts for elections apply to primaries. 

9. Members of party committees are selected at the primary. 
10. Party membership is determined (a) by an intention to 

support generally at the next election the nominees of such a 
party ; or (6) by the party the voter supported at the last 
election; or (c) by answering any questions the party pre- 
scribes, as is done in the South in order to keep negroes from 
participating in Democratic primaries. 

When party membership is determined by test a, b, or c, in 
number 10 above, the primary is called a " closed primary " 
because it is closed against any persons who will not announce 
their party preference. In most States primaries are closed, 
but they are objectionable because there the voters must make 
known their party preference, which thus defeats the principle 
of the secret ballot. It also works against independent voting. 

Wisconsin has the " open primary," which is open to all 
voters without registering their party preference. The voter 
is given a separate primary ballot for each party. He votes 
one and deposits the others in a box for unmarked ballots. 
The open primary is less objectionable than the closed, but it 
has one objection — it allows the leaders of the majority 
party, especially in large cities, to direct a number of their 
dishonest followers to vote the ballot of the opposite party and 
on it to support candidates for nomination who will be friendly 
to the majority's interests, and thus rob the minority party of 
its real leader. 



370 



NOMINATIONS AND ELECTIONS 



[§ 237 



Bepubliorm Primary Ticket 



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VIlLUIiraiUllnrMK tSKKBMX. »: 
VSjUAI K. HJM'KVAS. «i '■ 

mum r. wvm*tn-s.' "^sSSi 



UUHAM W. MTBI>«. 



WALTU J. CODT. 



rUK K. a»TI. 



The following Eepublican primary ticket for New Jersey 
was used for a " closed primary." Each person who voted the 
Republican primary ticket the previous year (1913) was per- 
mitted to vote this ticket (1914). If he voted a Democratic 
ticket the year before (1913) he was obliged to vote the 
Democratic primary ticket in 1914. If a person who voted the 
Democratic ticket in 1913 turned Republican in 1914 he could 
not vote in the 1914 primary, but had to wait until 1915 to 
Nk vote the Republican 

primary ticket. 

The direct primary 
system has not proved 
a panacea for all the 
ills of the convention 
system, but it offers an 
opportunity to defeat 
a conspicuously unfit 
candidate or to nomi- 
nate one conspicuously 
well fitted. It is " an 
opportunity, not a 
cure " ; it " puts it up 
to the voters." No 
primary or election 
machinery takes the 
place of intelligence 
and public spirit, but 
the direct primary 
places the responsibility for good government upon the voter. 
237. Elections. — When Held. — Most States hold their elec- 
tions for the selection of State officers at the same time that 
presidential electors and United States senators and repre- 
sentatives are chosen — Tuesday after the first Monday 
in November of even-numbered years. However, Georgia, 
Indiana, Kentucky, Maryland, and Mississippi hold State elec- 
tions in November of odd-numbered years ; and Massachusetts, 



. lUrrOI OUPBANT.. 

Dt'M K riiiacV ' 

. HOWAIU SIVKU 



IRIDl J. TAIU. 



§238] AUSTEALIAN METHOD OF VOTING 371 

New York, and New Jersey elect certain state officers 
annually. 

A few States hold their elections earlier than November. 
City elections are commonly held earlier in the year. When 
State elections are held at a different time from the national 
elections the voters pay more attention to State issues, and 
are not so likely to vote a straight Democratic or Republican 
ticket as they are during the excitement of a national 
campaign. 

How Held. — For each voting district or precinct into which 
the county or city is divided, the county clerk, city clerk, 
board of election commissioners, or some designated officer 
provides a polling place, equipped with booths, a ballot-box, 
poll books, tickets, and in some States a flag. On election day 
the polls are open during prescribed hours — commonly from 
6 A.M. to 6 P.M., but sometimes longer. 

Each polling place is in charge of judges of election, whose 
duty it is to pass upon the qualifications of the voters, and 
clerks to assist them. They open and close the polls, count 
the ballots, and certify the results to the proper officials (e.g., 
county board of elections or county clerk). A " watcher " from 
each political party is permitted to be present at the voting 
place to challenge any person whom he does not believe to be 
qualified to vote, and to see that the votes are fairly counted. 

238. Australian Method of Voting. — The Australians devised 
a secret method of voting, which found its way to the United 
States through England. In 1888 the Kentucky legislature 
adopted it for municipal elections in Louisville, and the follow- 
ing year Massachusetts adopted it for all elections. 

The Australian method of voting is as follows : The voter 
enters a room in which no one is allowed except election 
officers, " watchers," and perhaps a policeman. He gives his 
name and if it is found on the registration book he is given a 
ballot, which he carries into a canvas booth about three feet 
square. After marking the ballot he folds it, comes from the 
booth, and gives it to a judge of election, who tears off the top 



372 



NOMINATIONS AND ELECTIONS 



[§ 289 



of the ballot containing the number, and he or the voter 
deposits it in an election box made of wood, metal, or glass in 
the presence of the other. The ballots have been printed at 
public expense, and no ballot may be taken from the voting 
place. In some States a " sample ballot," printed on colored 
paper, is mailed to each voter before the election day, but this, 
of course, cannot be voted. 

Between 1888 and 1910 all but two States, Georgia and South 

Carolina, adopted this 
method of voting, 
though the details vary 
from State to State. 

Voting machines 
have proved undesir- 
able because they en- 
courage the voting of a* 
" straight ticket," but 
the use of them con- 
tinues in some States. 
239. Origin of Ballots 
in the States. — For 
many years our voting 
was viva voce (by living 
voice). The voter 
came to the polling 
place and announced 
publicly the names of 
the candidates for 
whom he voted. This method encouraged vote-buying and 
intimidation. When a vote was bought " the goods were 
delivered" in the buyer's presence. A voter was often in- 
fluenced to vote against his better judgment because he 
would get the ill will of an acquaintance if he voted against 
him, or of the community if he supported the unpopular 
candidate, or of his employer if he voted contrary to the 
employer's interest. The States gradually abandoned viva 




Copyright, Underwood & Urutcrwood, N. Y. 

President Wilson Voting in Princeton, 
New Jersey. 



240] 



BALLOTS NOW IN USE 



373 



OPPICIAL BALLOT jt^^Q(Z*^ 

«.BMll<al>M>k(ao.«.V<>niBbwt,in«. ' .J. .» 



0MB X k tte itaAU « ai LA •( ( 






IIAlfUIiLH. BCUXXnC 



CtlAKLKS L I^OB. 



voce voting, but it continued in the South until after the 
Civil War. 

Unofficial written ballots were at first substituted for the 
viva voce method, each voter preparing his own ballot. Then 
the candidates began to print their own ballots ; and finally 
the political party had ballots printed — each party having 
ballots of a different 
color. Thus the new 
method was just as 
public as the old. A 
vote buyer, friend, or 
employer, could know 
how you voted from 
the color of your bal- 
lot or could see you 
deposit the ballot 
which he had pre- 
pared for you. 

240. Ballots Now in 
Use.— While all but 
two of the States have 
followed the general 
feature of the Austral- 
ian plan and have 
made elections secret, 
only fourteen now use 
the true Australian 
ballot, but the number 
is increasing. The 
Australian ballot 

places the names of the candidates of all parties for a given 
office in alphabetical order, giving each candidate's party 
affiliation after his name as shown in the ballot above. 

In twenty-seven States the Party Column ballot is still in 
use. On such a ballot all the names of the candidates of one 
party for the various offices are arranged in a vertical column 





CHABLE8 BBOWN'K 



LOUIS B. Toon. 



E. KUUdBD DTDIKE. 



374 NOMINATIONS AND ELECTIONS [§ 241 

under the party's name, usually with a circle at the top in 
which the voter by placing a cross mark therein may vote for 
all of the candidates of that party — "a straight ticket." This 
arrangement works in the interest of a strongly organized cor- 
rupt party because an ignorant voter can vote the ticket with 
almost as much ease as an intelligent one. It is gradually 
giving way to the Australian ballot which requires a degree of 
intelligence and education to vote. 

241. The Short Ballot Movement. — Tlie Usual American Ballot 
is too Long. — The names of so many candidates appear on the 
ballot that it is impossible for the voter to know the qualifica- 
tions of many of them. At the November election, 1914, the 
voters of Omaha, Nebraska, vpted three tickets, one of which 
was eight feet in length and contained more than 200 names. 

A Long Ballot Leads to Blind Voting. — Several years ago im- 
mediately after an election figures were collected from the most 
independent Assembly District in Brooklyn, New York, which 
showed that 87 per cent of the voters did not know the name 
of the State treasurer just elected. When the names of candi- 
dates for scores of offices appear on a ballot practically all 
voters cast a straight ticket. 

Bliiid Voting Leads to Government by Politicians. — Because of 
the scores of officers to be voted for about nine tenths of the 
voters vote blindly, that is, vote a straight ticket, thus practi- 
cally ratifying the " appointments " made by the other tenth — 
the politicians. Hence most of our officers are practically ap- 
pointed by politicians. 

Tlie National Short Ballot Organization, of which Woodrow 
Wilson is president,^ is educating the American people to the 
fact that most officers — especially unimportant ones — are 
actually chosen by politicians, whereas the people imagine that 
they are electing them. This organization advocates the elec- 
tion of important officers for long terms. It would allow these 

1 Mr. Richard S. Childs, secretary and treasurer of this organization, is its 
chief promoter. By writing to him (383 Fourth Avenue, New York) you 
can obtain literature regarding its work. 



§242] 



SHORT BALLOTS 



375 



few to appoint the others. Eor instance, the State governor, 
State legislator, county commissioner, city councilor or commis- 
sioner, and mayor could be elected. The other State ofhcers 
could then be chosen by the governor, county officers by the 
county board of commissioners, and city officers by a small 
council or commission, or by the mayor. This would center 
the authority and responsibility in a few officers, who could be 
more easily watched by the voters. 

The present method of electing officers is a puzzle, the 
intricacies of which are understood only by politicians. Those 
who favor the short ballot 
would make the election 
process so simple that 
even the voter might 
understand it and be able 
to know something about 
those for whom he is to 
vote. The short ballot 
system would produce a 
democracy in fact instead 
of a democracy in theory. 
At present we are a de- 
mocracy in theory — 2^. poli- 
ticians' oligarchy in fact. 

242. Short Ballots. — 
No State has yet reduced "^^^ Experts Only." 

the number of elective officers to the extent advocated by the 
National Short Ballot Organization, but the organization has 
shown the folly of the present long ballots, and the States are 
beginning to reduce the number of elective officers. However, 
most cities of the commission type and of the commission- 
manager type, and a number of the council-mayor type, have 
adopted the short ballot. 

It would be impossible to show a typical long ballot here, as 
the page would not contain it. The city ballots on the follow- 
ing pages illustrate three advanced types of short ballots. 




376 NOMINATIONS AND ELECTIONS [§ 242 



BIKMINGHAM'S NON-PAETIZAN 
SHORT BALLOT 



OFFICIAL BALLOT 

Regular Municipal Election 

City of Birmingham, Alabama 

September 21st, 1914 

Make a Cross Mark (X) before or after 
the name of the Candidate you wish 
to vote for. 

For Commissioner for the term of 
three years. 



JONES, HARRY 



WEATHERLY, JAMES M. 



In 1914 Birmingham was governed by three commissioners, 
one elected each year for a term of three years. Nominations 
were made by petition, and no party indication is shown on 
the ballot. For the 1914 election there were only two candi- 
dates nominated for the commissionership.^ 

1 If no candidate receives a majority of all the votes cast, a supplemental 
election is held a week later, at which election the two highest are voted upon. 



.§ 242] 



SHORT BALLOTS 



377 



CLEVELAND'S NON-PAETIZAN PEEFEKENTIAL 
SHORT BALLOT 



FOR MAYOR 

(One to be Elected) 


First 
Choice 


Second 
Choice 


Other 
Choices 


JOS. E. KOBE 








NEWTON D. BAKEK 








HAERY L. DAY IS 















WARD 24 
FOR COUNCIL 

(One to be Elected) 


First 
Choice 


Second 
Choice 


Other 
Choices 


HAEEY B. HOENER 








CHAELES A. LEISHEE 








FELIX J. O'NEIL 








GEO. A. EEYNOLDS 








LOUIS G. SPEOUL 








GAEL F. WETZEL 








M. C YEAGLE 








H. A. CUM MINGS 








ROBEET FOSTER 

















Cleveland has a new home rule charter. At her last city 
election there were but two officers for each voter to help elect 
— the mayor and one councilman from his ward. Candidates 
are nominated by petition, and each candidate's name appears 
first on a portion of the ballots. There is no party indication 
on the ballot. Voters may express more than one choice if 
they like. If no candidate receives a majority of first choices, 
the second preferences are added to 
some candidate receives a majority. 



the first, and so on until 



878 



NOMINATIONS AND ELECTIONS 



[§242 



ASHTABULA'S NON-PARTIZAN PREFERENTIAL PROPORTIONAL 
REPRESENTATION SHORT BALLOT AS MARKED BY A VOTER 



MUNICIPAL TICKET 


DIRECTIONS TO VOTERS 

Put the figure 1 opposite the 
name of your first choice for the 
Council. If you want to express 
also second, third, and other 
preferences, do so by putting the 
figure 2 opposite the name of 
your second choice, the figure 3 
opposite the name of your third 
choice, and so on. You may 
express thus as many preferences 
as you please. This ballot will 
not be counted for your second 
choice unless it is found that it 
cannot help your first ; it will not 
be counted for your third choice 
unless it is found that it cannot 
help either your first or your 
second ; etc. The more choices 
you express, the surer you are to 
make your ballot count for one 
of the candidates you favor. 

A ballot is spoiled if the figure 
1 is put opposite more than one 
name. If you spoil this ballot, 
tear it across once, return it to 
the election officer in charge of 
the ballots, and get another from 
him. 




For Members of Council 
FRED A. BRIGGS 




JOHN CARLSON 




M. R. COOK 





NICK CORRADO 


ROBT. W. EARLYWINE 


\ 

8 
1 


JAMES H. FLOWER 


C. 0. GUDMUNDSON 


J. J. HOGAN 


ROBERT LAMPELA 




GEORGE H. LOOSE 


2 


J. H. McCLURE 




E. R. McCUNE 




ARTHUR RINTO 


4 


E. N. TILTON 



§ 244] DIRECT LEGISLATION 379 

Ashtabula, Ohio, has a home rule charter of the coinmission- 
manager type. The Ashtabula commission consists of seven 
members elected at large. Candidates are nominated by peti- 
tion and no party name appears on the ballot. Each voter 
need vote for only one candidate, but may express additional 
preferences if he likes, as did the voter who marked the accom- 
panying ballot. When the ballots are counted the candidate 
receiving the least number of first choices is eliminated and the 
ballots which express a first choice for him are redistributed 
according to the second choice expressed thereon. 

This process of elimination is continued until there are but 
seven candidates left, and these are considered elected. Thus, 
if one seventh of all the voters favor one candidate he is certain 
of election. This system gives what is known as proportional 
representation, i.e. each group of people has a chance to be 
represented on the council in proportion to its voting streugth. 

243. The Recall. — When the people elect very few officers and 
trust everything to them it seems advisable to be able to remove 
those who do not give satisfaction. Therefore twelve States ^ and 
over two hundred cities, principally of the commission and com- 
mission-manager types, reserve the right to remove such officers. 

Whenever a prescribed number of voters, the number vary- 
ing from State to State, become sufficiently dissatisfied with 
an officer to petition for a new election the officer whom they 
wish to remove must again stand for election. If the officer 
receives more votes than any other person who has offered 
himself as a candidate he remains in office, but if he receives 
less than any other candidate he is removed from office ; that 
is, he is recalled by the people. 

244. Direct Legislation. — The idea of the short ballot move- 
ment is to reduce the number of elective officers so that the 
voters may know the qualifications of those whom they elect. 
If these few officers pass improper laws the Referendum (see 
Sec. 168) enables the voters to prevent the final enactment of 
such laws. If they refuse to enact laws desired by the people 

1 For complete list of Recall States see Section 244. 



380 



NOMINATIONS AND ELECTIONS 



[§244 



the voters themselves may enact them by means of the Initiative 
(see Sees. 156 and 169). Or if the officers prove incompetent 
or dishonest they may be removed by the Recall (see Sec. 243). 

Progress of the Initiative, Keferendum and Recall 
Percentages in this table refer to voters required on petitions 



Where 
Adopted 


When 


Statutory 
Initiative 


Constitution- 
al Initiative 


Keferendum 


Eecall 


So. Dakota 


1898 


5 % ; in- 
direct 1 




5% 




Utah 


1900 


(^) 




(^) 




Oregon 


1902 


8%; direct 


8%; direct 


5% 


25% 


Nevada 


1904, 1912 


10% 1912; 
indirect 


10% 1912; 
indirect 


10 % 1904 


25 % 1912 


Montana 


190(3 


8 % ; direct 




5% 




Oklahoma 


1907 


8%; direct 


15 % ; direct 


5% 




Maine 


1908 


12.000 voters 




10,000 voters 




Missouri 


1908 


5%; direct 


5%; direct 


5% 




Michigan 


1908, 1913 


8 % 1913 ; 
indirect 


20%, 1908 10% 
1913; direct 




25 % 1913 


Arkansas 


1910 


8%; direct 


8%,; direct 


5% 


Carried but 
killed by Su- 
preme Court 


Colorado 


1910 


8%; direct 


8%; direct 


5% 


25% 


Arizona 


1911 


10 % ; direct 


15%; direct 


5% 


25% 


New Mexico 


1911 






10% 




California 


1911 


5 % ; indirect 
8%; direct 


8%; direct 


5% 


12 % state 
20 % local 


Ohio 


1912 


3 % ; hidirect 
6%; direct 


10%; direct 


0% 




Nebraska 


1912 


10%; direct 


15 % ; direct 


10% 




Washington 


1912 


10%; direct 
and indirect 




(3% 


25 % state 
35 % local 


Idaho 


1912 




(?) 






No. Dakota 


1914 


10%; direct 


25 % ; 4 in- 
direct 


10% 




Kansas 


1914 








10, 15, 25% 


Louisiana 


1914 








25% 


Maryland 


1915 






10,000 voterss 





1" Indirect" means that opportunity must first be given for action by the 
legislature on initiated measures. 

2 Initiative and Referendum amendments were adopted by the voters of Utah 
in 1900 and of Idaho in 1912, but in both cases without a self-enacting clause. 
Each has remained a dead letter for lack of action by the legislature ; hence 
they are omitted from the above table. 

3 Laws for any one county or Baltimore city may be referred to the voters 
thereof on a 10 % petition. 

4 Petition to be signed by 25 % of the voters in each of not less than one half 
of the counties of the State. 

MUNICIPAL: The Initiative, Referendum, and Recall have been incor- 
porated more or less completely in the charters of over 300 cities and towns in 
the United States and are in successful operation. Many such municipalities 



§ 244] DIRECT LEGISLATION 381 

This direct action on the part of the people demands enlight- 
enment on the ]3art of the voters, and for this purpose many of 
the States which have adopted the Initiative and Eeferendum 
send a pamphlet to each voter before an election giving in a 
condensed form the strongest arguments on each side of every 
question referred to them. Thus with this publicity the people 
are prepared to vote upon the various issues with a degree of 
enlightenment. 

If too many measures are submitted to the people, the voters 
are just as burdened as when they have too many officers to 
elect. President Wilson feels that these safeguards should be 
considered merely as " a gun behind the door " to be used only 
in cases of emergency. 

Bibliography 

CniLDS, R. S. Short Ballot Principles. 191L 

Jones, Chester Lloyd. Readings on Parties and Elections in the 

United States. 1912. 
Kales, Albert M. Unpopular Government in the United States. 

1914. 
Ray, p. Orman. An Introduction to Political Parties and Practical 

Politics. 1913. 
Bulletins and Publications of the National Short Ballot Organization, 

883 Fourth Avenue, New York. 
Election Laws of your State. 
Sample Ballots. 

Questions on the Text 

1. What is meant by registration ? How often need one register 
in the State in which you live ? Explain just how one registers. 

2. What useful service is performed by political parties? 

3. How do political parties induce weak-minded persons to vote 
a straight ticket ? 

4. Name five different methods of nominating candidates. 

are not in the above mentioned Initiative and Referendum States, the Initia- 
tive, Referendum, and Recall having been granted by the legislatures by means 
of general laws or special charters. 

By courtesy of Equity. 



382 NOMINATIONS AND ELECTIONS 

5. Describe a delegate convention. 

6. Describe a direct primary election. 

7. What is meant by nomination by petition ? 

8. What is meant by the " closed " primary ? By the " open " 
primary? What advantages and disadvantages has each ? 

9. Is the direct primary " an opportunity " or a " cure " of election 
evils? Explain. 

10. When are most elections held for choosing State officers? 
Federal officers ? City officers ? 

11. Explain just how an election is held — officers, place, equip- 
ment, ballots, booths, poll books, time of day, "watcher." 

12. Explain the Australian method of voting and tell just how it 
was introduced into the United States. 

13. Why are voting machines undesirable? 

14. Explain why secret voting has taken the place of the vica voce 
method. 

15. Describe an Australian ballot. 

16. Should the names of candidates be arranged on the ballot in 
party columns or alphabetically? 

17. What is meant by the short ballot movement ? Give the argu- 
ments in favor of short ballots. 

] 8. Explain how city officers are elected in Birmingham ? In 
Cleveland ? In Ashtabula ? 

19. What is meant by the Recall ? 

20. What is meant by direct legislation'^ Does Woodrow Wilson 
favor it ? 

Questions for Discussion 

1. What provision is made in your State constitution in regard to 
State elections ? 

2. Upon what date is your State election held? City election? 
National election? County election? Why should National, State, 
and local elections be held on different dates? 

3. Obtain a copy of the last ballot voted at your home and compare 
it with those printed in this chapter. AVhich do you consider the 
better ? 

4. Have your father, or your brother, who votes make a list of the 
National, State, county, township, city or village, and school officers 
elected by the people in your State. If they cannot do this do you 
not think that it is a strong indication that more officers are being 



QUESTIONS 383 

elected than the voters are capable of electing wisely ? Which of them 
do you think should be appointed ? 

5. Explain the following quotation, which favors a " short ballot " : 
" We cannot make the voters all go into politics, but by a drastic 
reduction in the number of elective officers we can make politics come 
to the voters." 

6. Nicholas Longworth when congratulated on his election to Con- 
gress is reported to have said: "Election! I wasn't elected; I was 
appointed. " What is the significance of this remark? 

7. The New Jersey election law enacted under the influence of 
Woodrow Wilson provides that a State convention of each party shall 
be held annually to adopt a party platform. The convention is com- 
posed of forty candidates nominated at the party primary for the 
offices of assemblymen or State senators, hold-over senators, members 
of the State committee, and the governor, or the candidate for gov- 
ernor the autumn when a new governor is to be elected. Would you 
favor this arrangement for your State ? Why ? 

8. Mr. C. L. Gruber explains the word " government " in the follow- 
ing words : " The word ' government ' is derived from the French gouver- 
ner, from the Latin guberno, which was borrowed by the Romans from 
the Greek ki/bernao, a word meaning ' to steer a ship.' We therefore 
sometimes speak of the government as the ' ship of state.' The idea of 
general welfare and great vigilance is therefore embodied in the ety- 
mology of the word, since the interests of him who steers the ship are 
but the interests of every one on board. The safety of the vessel de- 
pends upon the skill and watchfulness of the man at the helm. " Pre- 
pare an argument on the subject, " Eternal vigilance is the price of 
liberty. " 



CHAPTER XXVII 

STATE FINANCE 

245. The Taxing Power of a State. — Taxes are charges im- 
posed by a legislative body upon persons or property to raise 
money for public purposes. With, the following exceptions, a 
State legislature may impose taxes of any kind and any 
amount, or may give permission to the legislative bodies of 
counties, townships, towns, or cities to do the same. 

(1) Taxes must be for a public inirpose. Exactly what is 
meant by a " public purpose " cannot be defined, but must be 
decided by the courts whenever taxpayers feel that they are 
being taxed for a private purpose and carry their complaints 
into court. 

Some years ago Topeka, with permission of the legislature 
of Kansas, agreed to pay a sum of money to a manufacturing 
concern if it would locate its iron works in that city. The 
factory was so located, but when taxes were assessed for the 
payment of this sum of money certain taxpayers brought their 
complaint to court, and, after several appeals, the Supreme 
Court of the United States decided that taxes could not be 
collected for this private purpose. 

On the other hand railroads may receive aid from a State, 
county, or city, unless the State constitution prohibits it, be- 
cause the public generally have such a direct interest in the 
transportation of commodities and the circulation of business 
that the whole community is benefited. 

(2) Taxes must operate uniformly upon those subject to them. 
The assessment of all persons and property within a class 
or district selected for taxation must be according to a uni- 
form rule. For instance, when a citizen of New York State 

381 



§245] THE TAXING POWER OF A STATE 385 

inherits property worth, more than $5000 he must pay a State 
tax varying from 1 per cent to 8 per cent, depending upon the 
amount inherited and the degree of relationship. This tax 
operates uniformly because all who fall within the same class 
are taxed alike. 

(3) Tlie dassijication of property for taxation must be reason- 
able. For instance, it was declared reasonable for Louisiana 
to impose a license tax upon manufacturers of sugar, at the 
same time exempting from its operation those who refined 
the products of their own plantations. But you could not thus 
tax Jews, Germans, Negroes, Republicans, or Catholics who 
manufacture sugar and exempt all others, because the classifi- 
cation would be unreasonable. 

(4) Either the person or the p)^operty taxed r)iust be within 
the jurisdiction of the government levying the tax. For in- 
stance, a citizen of AYisconsin who owns property in Iowa 
must pay a tax on his property where it is located in Iowa, 
but in AVisconsin, where he lives, he must pay a tax on the 
income from his Iowa property if the income is great enough 
to be assessed according to the Wisconsin income tax law.^ 

(5) In the assessment and collection of a tax certain guar- 
antees against injustice to individucds must be provided. For 
instance, if property worth $10,000 is assessed for $15,000, 
the owner has the right to go before some tax revision board 
or court and have the mistake corrected. 

(6) A State may not tax the agencies by means of which the 
federal government is enabled to exercise its functions. The 

1 The city of Charleston, South Carolina, borrowed money by issuing bonds 
which paid 6 % interest. Afterward it attempted to tax these bonds whether 
they were held by citizens of Charleston or persons living outside the State, 
the city treasurer being directed to deduct 5 % of the interest before sending 
it to the owners of the bonds. Those living outside the State went to court, 
and the Supreme Court of the United States decided that the city could not 
thus tax persons living outside the State. The city government did not have 
jurisdiction either of the persons or the bonds (property) ; hence to keep back 
a part of the interest was breaking the contract with the persons who lent 
money from outside the State. ( U. S. Constitution, Art. I, Sec. 10.) 



386 STATE FINANCE [§ 245 

power to tax is the power to destroy, and if States could tax 
the agencies of the federal government they might destroy 
these agencies. To illustrate, a State may not tax federal 
government bonds or the incomes therefrom, salaries of federal 
officers or the public money in its treasuries, or discriminate 
in any way against patented articles. 

(7) A State may not, tvithout the consent of Congress, tax 
imports or exports to or from the United States} About two 
thirds of the imports of the United States come through the 
port of New York. If New York State could tax these im- 
ports, most of which are intended for other States, she would 
really be levying a tax upon other States. The same would 
be true if she could tax Western wheat which is shipped 
abroad from the port of New York. 

(8) A State may not tax interstate commerce as such. If a 
State could tax interstate commerce it might interfere with 
the right of the United States to regulate it. For instance, 
logs owned by one Coe were floating down a river from Maine 
to New Hampshire. When the river froze they were within 
the town of Errol, which town attempted to tax them. The 
Supreme Court of the United States prohibited it, as it would 
have been a tax upon interstate commerce. 

A State may not place a license tax on drummers who sell 
commodities to be sent from another State, but may tax ped- 
dlers who carry the commodities with them or get their supplies 
from commodities already in the State, provided, of course, 
that they are not discriminated against because of the fact 
that they sell goods brought from without the State. 

(9) A State may not, ivithout the consent of Congress, lay any 
duty on tonriage. Tonnage means a vessel's internal cubic 
capacity in tons of one hundred cubic feet each. A State may 
tax a vessel as ordinary property, but may not tax it on the 
basis of tonnage. 



1 A State may impose small fees sufficient to cover the cost of enforcing its 
inspection laws. 



§246] DIFFERENT KINDS OF STATE AND LOCAL TAXES 387 

(10) State constitutions place a few restrictions upon their legis- 
lative bodies. For instance, the Oklahoma constitution limits 
the tax rate for the State, counties, townships, cities, towns, or 
school districts to a prescribed number of mills on the dollar. 
The constitutions also exempt from taxation certain classes of 
property, such as churches, schools, and burial grounds. 

246. Diiferent Kinds of State and Local Taxes. — The revenues 
for the forty-eight States in 1913^ were derived from the 
following sources ; 

State Taxes: 

General Property Taxes $139,750,303 

Special Property Taxes 67,675,933 

Business Taxes 53,642,322 

Interest and Rents 21,300,430 

Liquor Licenses . 20,992,857 

Other Business Licenses 8,589,208 

Special Assessments and Charges for Outlays 6,454,807 

Non-business License Taxes 6,450,932 

Subventions and Grants 3,190,750 

Poll Taxes 2,965,069 

Earnings of Public Service Enterprises . . . 1,715,422 

Fines, Forfeits, and Escheats 1,428,011 

Donations and Gifts 434,526 

Miscellaneous 32,994,761 

Total 1367,585,331 

County Taxes : 

General Property Taxes $282,077,069 

Subventions and Grants 23,682,813 

Special Assessments and Charges for Outlays 9,323,078 

Liquor Licenses 6,577,556 

Poll Taxes 5,817,855 

Interest and Rents 5,531,485 

Fines, Forfeits, and Escheats 3,531,537 

Non-business License Taxes 1,703,316 

iFor further details as to the revenues of the respective States see "Na- 
tional and State Revenues and Expenditures 1913 and 1903," Bureau of the 
Census, 1914. 



388 STATE FINANCE [§ 246 

Business Licenses (other than liquor) . . . 1, 474,255 

Special Property Taxes 805,419 

Earnings of Public Service Enterprises . . . 413,329 

Donations and Gifts 283,233 

Highway Privileges 164,768 

Business Taxes 92,866 

Miscellaneous . 28,564,467 

Total ' $370,043,046 

Incorporated Villages, Towns and Cities of 2500 and over: 

General Property Taxes 1661,144,096 

Earnings of Public Service Enterprises . . . 120,182,809 

Special Assessments and Charges for Outlays 97,440,808 

Liquor Licenses 51,946,576 

Subventions and Grants 51,498,823 

Interests and Rents 35,561,915 

Special Property Taxes 15,478,766 

Highway Privileges 13,521,183 

Business Licenses (other than liquor) . . , 12,265,342 

Fines, Forfeits, and Escheats ...... 6,717,873 

Donations and Gifts 4,971,296 

Non-business License Taxes 4,791,654 

Poll Taxes 3,629,553 

Business Taxes 3,289,709 

Miscellaneous 25,832,348 

Total $1,108,272,751 

General Property Taxes, which constitute more than half of all 
State and local revenue, consist of taxes on realty and personalty. 
Realty is land and permanent improvements thereon, and personalty 
is movables, such as cattle, money, or shares of stock. In 1913 every 
State except Connecticut and Delaware collected property taxes, and 
the local governments of all forty-eight States collected such taxes 
also, but the rate of levy varied from 4 cents to $2.70 on the hundred 
dollars worth of property. 

Special Property Taxes consist of inheritance taxes, taxes on capital 
stock of various corporations, investments, mortgages, etc. 

Business Taxes consist of taxes on insurance companies ; ^ taxes on 

1 In. 1913 taxes on insurance companies amounted to $17,554,971. Arizona 
and Arkansas are the only States which do not report an insurance tax, but 



§ 246] DIFFERENT KINDS OF STATE AND LOCAL TAXES 389 

the gross earnings of express, telegraph and telephone, sewing ma- 
chine, mining, oil, railway, car, and other companies, and building and 
loan associations ; taxes on savings banks ; and income taxes. Five 
States collected income taxes,i but the greatest amount collected was 
$160,978 by Wisconsin. 

Interest and Rents consist of interest on money deposited in banks, 
and rents from such sources as public school lands and public works 
belonging to a State or city but operated by a renter. 

Liquor Licenses are usually definite sums levied by a State and by a 
city, but not so generally by counties — e.g., a State saloon license may 
be $500 and a city license $1000. This is in addition to the United 
States license of $25 and a tax of $1.10 a gallon on whiskey and $1.50 
a barrel on beer. 

Other Business Licenses are such charges as are levied for conducting 
a store or a billiard table. 

Special Assessments and Charges for Outlays constitute collections 
made for drainage, maintenance of levees, fire protection in forests ; 
or collections made by Massachusetts from the cities and towns by 
reason of the metropolitan park, sewer, and water loans, and loans 
for State highways, armories, etc. 

Non-business License Taxes include hunting, fishing, and auto- 
mobile licenses. For instance, the State of New York derived a 
million and a half dollars from automobile licenses in 1915. 

Subventions and Grants represent amounts received from the Na- 
tional government in aid of agriculture, education, experiment 
stations, and highway construction and maintenance. 

Poll Taxes mean capitation taxes, a levy of say $1 annually against 
male adults. Only about one fourth of the States or localities have 
this tax. 

Earnings of Public Service Enterprises are from such items as the fol- 
lowing : by California from docks and wharves of San Francisco, by Con- 
necticut from a toll bridge, by Maryland from hay scales and wharves, 
by Massachusetts from a water-supply system, by New York and Ohio 
from the State canals, by North Dakota from the State hail insurance 
business, by Oregon from a portage railway, and by South Carolina 

the tax produced as much as $1,000,000 in New York, Pennsylvania, Ohio, 
and Massachusetts only. 

1 North Carolina, Oklahoma, South Carolina, Virginia, and Wisconsin 
collected income taxes. These State taxes were, of course, in addition to the 
United States income tax. 



390 STATE FINANCE [§247 

from the State insurance business and the county dispensaries ; by 
cities from various enterprises such as water, light, and gas plants. 

Fines, Forfeits, and Escheats refer to fines for crimes, property 
forfeited for the nonfulfilment of duties attached therewith, and 
property reverting to the State when one dies without heirs or a will. 

Donations and Gifts refer to gifts for endowment funds for schools, 
etc., money for libraries, and the like. 

247. The General Property Tax. — Assessment. — Each local 
governmental division — city, town, or township ^ — has one or 
more tax assessors to determine the value of property which is 
subject to taxation. In case of personalty this is done each 
year, but in some States realty is assessed at longer intervals — 
e.g., every five years in Virginia — but, of course, taxed each 
year. Assessors are expected to visit property and have the 
owner fill in a tax form. In practice they commonly assess 
one's property as it was assessed the previous year, and thus 
avoid the trouble and duty of visiting the property. The 
valuation put' upon property by these assessors is usually ac- 
cepted as the basis for county and State taxation. 

Suppose your home in a certain township has been assessed 
$10,000, and suppose the township tax rate is 8 mills on the 
dollar, the county rate 7 mills, and the State rate 5 mills, 
or a total of 20 mills. Then your taxes will be 10,000 times 
20 mills (2 cents), which is $200. If this home is in a city 
you will ordinarily pay city, county, and State taxes, but no 
township taxes. If the city rate is 10 mills, you would pay 
.022 times $10,000, or $220. 

Equalizo.Hon. — If your property is assessed higher than a 
neighbor's property of equal value usually there is a means of 
having the injustice corrected. You may complain to an 
appeal tax court, to the county board of commissioners, or to a 
local board of equalization, as the law provides. Many States 
have county boards of equalization to come into a township 



1 111 a few States the county is the smallest local division for purposes of 
assessment. 



§248] INHERITANCE TAXES 391 

and raise or lower the assessment on all real estate in that 
township if it has been improperly assessed. 

In some States there is also a State board of equalization to 
see that the property is assessed alike in the diiferent counties. 
States without such boards often have property in one part of the 
State — e.g., in a large city — assessed at its full value, whereas 
in another part of the State — e.g., rural counties — it is 
assessed at only half of its value. This means that the city 
people are paying twice as much State tax as justice demands. 

Collection. — State, county, and local taxes are usually col- 
lected by the same officials. After the taxes are assessed tax 
bills are prepared. In some States they are mailed to the 
taxpayers ; but in others the taxpayer must come to the county 
treasurer or township officer who collects taxes, to learn the 
amount of his taxes. 

Delinqueyicy. — If taxes are not paid by a prescribed date a 
certain per cent is added. The property upon which the tax 
is levied is then said to be delinquent, and if the tax remains 
unpaid for a certain length of time the property is sold, per- 
haps at auction. If it brings more than enough to pay the 
taxes, added per cent, and costs, the former owner receives 
what is left. 

Exemption. — State constitutions commonly enumerate certain 
kinds of property which the legislative body may not tax. 
Schools, free libraries, churches, and government property are 
good examples of property usually exempt from taxation. 

248. Inheritance Taxes. — In 1903 the States derived $6,000,- 

000 from inheritance taxes ; in 1913 they derived $17,000,000. 
In 1913 New York State alone derived over $4,000,000 from 
this tax, and in some years it amounts to much more. (See 
Sec. 45.) 

This ISTew York law exempts parents, husband, wife, child, 
descendants, brother, sister, son-in-law, daughter-in-law, or 
adopted child to $5000. On the excess of $5000 the rate is 

1 per cent up to $50,000 ; 2 per cent from $50,000 to $250,000 ; 
3 per cent from $250,000 to $1,000,000 ; 4 per cent for all over 



392 STATE FINANCE [§ 249 

$1,000,000. Persons other than those enumerated are exempt 
from the tax on the hrst $1000 only; but instead of paying 
1 per cent, 2 per cent, 3 per cent, or 4 per cent on the amounts 
in excess, they must pay 5 per cent, 6 per cent, 7 per cent, or 
8 per cent. This method of assessing higher rates on large 
estates than on small is known as progressive taxation. 

Every State except Arizona and Arkansas reported the 
collection of inheritance taxes in 1913, but in many States the 
amount was small. Some States, Virginia for instance, exempt 
all lineal ancestors or lineal descendants, husband or wife, 
brother or sister, and levy 5 per cent on others. Money is 
seldom inherited by others, and the Virginia tax for 1913 was 
only $253,000. 

249. How Revenue is Expended. — After revenue is collected, 
and the local division, the county, and the States have each 
received their proper share, the respective treasurers are not 
permitted to pay it out until a proper warrant is presented. 
After the State legislature appropriates its revenue, the State 
comptroller or auditor issues warrants to persons entitled to 
the money, as he is directed to do by the legislative acts 
appropriating the money. 

After the county board appropriates the county money the 
county treasurer pays it out when a warrant signed by the 
county auditor, or some other designated person, is presented. 
In cities and towns the council appropriates the revenue, and 
some designated officer or officers sign the warrants to be 
cashed by the treasurer. 

Bibliography 

Annual Report of the State Treasurer. 
Annual Report of the State Auditor. 

Questions on the Text 

1. What are taxes? 

2. What ten restrictions are there upon a State's power to impose 
taxes? Explain each restriction carefully. 



QUESTIONS 393 

3. Name the principal sources from which States derive their 
revenue. 

4. What is the general property tax? Special property tax? 
Business tax ? Poll tax ? 

5. Hov7 are general property taxes assessed ? 

6. What do you mean by a board of equalization? 

7. How are taxes collected ? 

8. What is meant by delinquent taxes? 

9. What classes of property are usually exempt from taxation ? 

10. What is an inheritance tax? ' 

11. What is meant by progressive inheritance taxes? 

12. Explain the use of warrants in the expenditure of revenue. 

Questions for Discussion 

1. What provisions are made in your State constitution regarding 
taxation ? 

2. How many mills on the dollar is property taxed for State pur- 
poses in your State ? For county purposes ? For village or city 
purposes if you live in such place ? 

3. Does your State have a capitation tax ? If so, how much is it 
and who must pay it ? 

4. Does your State have an inheritance tax ? If so, what would be 
the net proceeds of an inheritance of $100,000? 

5. Figure the approximate amount of taxes paid by some person 
of average means. 

6. How much does your State contribute towards the support of 
the National government, assuming that it contributes in proportion 
to its population ? Considering the objects taxed by the National 
government do you believe that your State pays as much per capita 
as other States ? Is the per capita amount paid to the National govern- 
ment more or less than the per capita amount paid to the State 
government ? 

7. If your property is assessed higher than your neighbor's what 
redress do you have ? 



CHAPTER XXVIII 

PUBLIC EDUCATION 

250. Growth of Elementary Education. — Public free schools 
were established in several of the New England States as 
early as the seventeenth century, shortly after their settle- 




CoRRiDOR, Webster School, St. Louis. 
Lessons in art and nature study. 

ment ; but even there interest in education declined during 
the next century. 

It is doubtful whether previous to the Revolutionary War 
as many as one half of all the white persons throughout the 
thirteen colonies could read and write. Most children de- 
pended upon the little instruction that their parents could 

394 



§250] 



GROWTH OF ELEMENTARY EDUCATION 



395 



give them at home, and the boys were given the preference 
because it was not considered that girls needed much schooling 
to prepare them for household duties. It was not until the 
nineteenth century that a systematic effort was made to 
educate the masses of people throughout the country. 

In 1838 Horace Mann, first secretary of the Massachusetts 
State Board of Education, aroused great interest in public 




Penny Lunch in a Chicago School. 

school education throughout the North. In the South there 
were no successful efforts to establish systems of public free 
schools until after the Civil War. As late as 1880 seventeen 
per cent of the individuals over ten years of age in the United 
States were illiterate — that is, could not write. By 1910 the 
number had been reduced to seven per cent. There should 
be no illiterate adults except those who are mentally unable 
to learn — less then one per cent. 

Compulsory Education. — In 1914 over 19,000,000 pupils 
were enrolled in elementary schools ^ — principally public free 

1 Elementary schools ordinarily include the first eight grades which a child 
is supposed to pass through between the ages of six and fourteen. The first 



396 



PUBLIC EDUCATION 



[§251 



schools — but unfortunately less than half of those that enter 
the first grade continue through the eighth grade. However, 
all of the States north and west of Maryland, Virginia, Ten- 
nessee, Arkansas, and Texas have compulsory education 
throughout the State ; and Maryland, Virginia, North Carolina, 
Tennessee, Arkansas, and Louisiana have compulsory education 
in portions of their territory. 

In some States compulsory education laws require children 
to attend school until they are twelve years of age, and in 
others they must remain in school until they are fourteen. 

Parents who do not 
send their children to 
school in compliance 
with the law may be 
fined from $5.00 to 
$50.00 for each of- 
fence according to the 
penalty imposed by 
the respective States. 
251. Year-Round 
Schools. — During the 
summer months 
young pupils forget 
much that they have 
learned during the 
previous school year ; therefore some schools are running the 
year round, pupils being permitted to take three or four twelve- 
week terms. Thus a pupil can gain one school year every 
third year. 

Superintendent William A. Wirt, of Gary, Indiana, feeling 
that the chore time of the farm boy has become the " street 
and alley time " of the city boy, keeps the pupils at school 
eight hours a day instead of six. Half of this time is spent 
in their classrooms, the other half on the playgrounds, in the 

four grades are commonly known as primary grades, the fifth and sixth as 
intermediate grades, and the seventh and eighth as grammar grades. 




Gary-Plan Class in Mental Arithmetic. 



§ 251] 



YEAR-ROUND SCHOOLS 



397 




Studying Music Appreciation with the Victor. 
Seattle, Washington. 




High School and Stadium, Tacoma, Washington. 



398 PUBLIC EDUCATION [§252 

school gardens, in the manual training department, in the 
laboratory, in the assembly hall, or taking observation excur- 
sions. Thus two sets of classes can recite in the same rooms, 
the pupils having every other hour in the classroom. Hence 
the children are kept profitably occupied without growing 
weary of continuous hours in the classrooms. 

252. Growth of Secondary Education. — Until about 1850 only 
the few persons who could afford an education at a private 




Redondo, California, Union High School. 

This high school is supported by a community of five thousand. There are 
two hundred day and two hundred and fifty evening students. 

academy could hope for schooling extending much beyond the 
three E's. Public high schools began to spring up about 1850 
in most of the large Northern cities, and gradually spread to 
the Southern cities after the Civil War, but it is only very 
recently that they have been established in the small towns 
and districts of the South. 

In 1914 there were 1,373,661 students in secondary schools, 
of whom all but about 150,000 were in public high schools. 
Of these 56 per cent were girls and 44 per cent boys. The 
fact that only about 39 per cent of those who enter the high 
schools graduate is regrettable. 



252] GROWTH OF SECONDARY EDUCATION 399 




Civic Auditorium in Redondo Union High School. 
This auditorium is used as a community social centre. Seating capacity 1000. 



j's^dit^M'^W^ 



M*k^.mJ^m^ 



mmmm&'w0M^&^^^ m- 



^*'^^^*£^ffli 




Singing with the Victor. South High School, Minneapolis. 



400 



PUBLIC EDUCATION 



[§253 



253. Growth of Higher Education. — Nine colleges which 
continue to exist ^ were established under church influence 
before the Eevolutionary War and were assisted by the co- 
lonial treasuries. Since the Revolutionary War schools of 
higher education have increased to the number of 567 so-called 
colleges, universities, and technical schools, with more than 
200,000 students — 64 per cent men and 36 per cent women. 

States and cities support and control 93 of these 567 schools, 
and 41 of the 93 are State universities. All of the State 




Home Economics Exhibit Car, Cornell University. 



universities are coeducational except those of Virginia, 
Georgia, and Florida ; and in all tuition is practically free to 
residents of the State. From time to time the United States 
has given to State universities a total of more than 3,000,000 
acres of land. 

Agricultural Colleges. — Since 1862 the Federal government 
has granted to the States more than 11,000,000 acres of land 
for the establishment of colleges for the study of agriculture, 

1 Harvard (1636), William and Mary (1693), Yale (1701), Princeton (1746), 
Kings, now Columbia (1754), University of Pennsylvania (1759, reorganized 
1779), Brown (1764), Rutgers (1766), and Dartmoutli (1769). 



§253] 



GROWTH OF HIGHER EDUCATION 



401 





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402 



PUBLIC EDUCATION 



[§254 



the sciences, and military tactics ; and now it annually appro- 
priates $75,000 to aid each State in the support of such school, 
$30,000 for an agricultural experiment station, and $10,000 for 
cooperative agricultural extension work, plus a much larger 
sum on condition that the State give an equal amount. 

254. Administration of Public Schools. — Each State has its 
own system' of public schools ; and hence the administration is 
not exactly the same in any two. Certain central control is 
reserved by the State governments, but the regulation of school 




Tent for Home Economics Travelling Exhibit, University of Texas. 



affairs is left chiefly to the local governments — districts, 
townships, counties, and cities. 

Under the district system, which originated in New England, 
each school is controlled by the patrons residing in the district 
from which the school is attended. This system is inefficient 
and is being replaced by a system with a much larger unit, 
such as the township. The township system places all the 
schools within its limits under one authority, usually a small 
board chosen by the voters. This system encourages the es- 
tablishment of union high schools with free transportation for 
pupils who live at a considerable distance from the school. 



255] 



SCHOOL REVENUE 



403 



The county system, with county officials in control, prevails in 
the South, but there is always some smaller school division 
subject to county control. Large cities and many smaller ones 
have a city school system independent of the township or county. 
The city board of education is usually chosen by the voters. 

State Supervision. — Each State has a superintendent of edu- 
cation, and about three-fourths of them have State boards of 




For Every 



Courtesy of Russell Sage Foundation 
100 OF Wealth Each State Contributed the Above 
Amount in 1910. 



education. In thirty-live States the superintendents are elected, 
but the boards are selected by various methods. The super- 
intendent, or the board working through a superintendent, su- 
pervises the State system in accordance with the general school 
laws of the State. 

255. School Revenue. — The annual cost of education in 
the United States in all kinds and grades of schools is about 
three-quarters of a billion dollars. In 1912 the revenue of 
the State common school systems was $469,110,642, of which 
$346,897,587 was derived from local taxes or appropriations 



404 PUBLIC EDUCATION [§256 

(county, township, district, or city), $75,813,595 from State taxes 
or appropriations, $15,239,234 from permanent school funds 
and rents of school lands given to the States by Congress 
from time to time (132,000,000 acres in all), and $31,160,229 
from other sources. 

It might seem that $750,000,000 is a liberal amount to spend 
for educational purposes in one year, but those who think 
themselves burdened by school taxes should consider that more 
than three times as much is spent annually on alcoholic drinks. 
The relative amounts expended for alcohol and for education 
would seem to indicate that America's thirst for alcohol is 
three times as strong as her thirst for knowledge. Fortunately 
the use of alcohol as a beverage is on the decrease and the 
support of education is on the increase. 

256. Apportionment of School Funds. — After school taxes 
have been collected by the State or county the money must be 
distributed among the townships or other school districts to 
supplement their local taxes in the support of their schools. 
There are various bases for the distribution of these funds,i 
but the best is that used by New Jersey in apportioning the 
county school funds. The sum of $200 is apportioned to a 
school for each teacher employed and the remainder of the 
fund is apportioned on the basis of aggregate days of attendance. 
This method of apportionment induces the local school board 
to have a sufficient number of teachers, to encourage a large 
attendance, and to have a long term. 

257. Importance of Industrial Education. — To-day most 
products can be manufactured by means of complex machines ; 
but it is necessary to have skilled labor to make, manipulate, 
and care for these machines. Thus it is necessary that the 
States educate their industrial classes for the duties which 
they are obliged to perform to meet the competition of the day. 

1 These various bases are : (1) Taxes-Where-Paid-Basis, (2) Total Popula- 
tion Basis, (3) School Population Basis, (4) Average Daily Attendance Basis, 
(5) Aggregate Days Attendance Basis, (6) Teachers Employed Basis, and 
(7) Combined Basis of Apportionment. 



258] 



INDUSTRIAL TRAINING IN CITIES 



405 



If Germans are industrially trained, and they are, and 
Americans remain untrained, the Americans must do the 
menial labor while the Germans do the skilled labor, for which 
the pay is always greater. Instead of merely attempting to force 
up wages of the untrained, which is impossible beyond a cer- 
tain point, the States or cities should see to it that the real 
earning capacity of their citizens is increased by industrial 
education. 

258. Industrial Training in Cities. — Less than half of our 
boys complete the eighth grade, and in a number of industrial 
cities, such as Bridge- 
port, Eichmond, and 
Birmingham, less than 
one-fourth go beyond 
the sixth grade. Thus 
the systematic training 
of most boys ceases at 
the age of twelve or 
fourteen either because 
they do not care for 
or cannot afford such 
schooling as is offered ; 
hence the great need 
of to-day is to make 
possible industrial training for these boys. Many cities have 
night schools for boys who work during the day, but industrial 
subjects are not usually offered. 

In Massachusetts any local school board may establish an 
industrial school with thorough technical courses, and may 
secure State aid covering one-half the cost. At Worcester 
apprentice boys in the machine trade spend four hours weekly 
in the school taking courses in English, shop computations, 
drawing, and shop practice. The classes are held during the 
working day. 

At Fitchburg, Massachusetts, a number of the manufacturers 
of the city have agreed to cooperate with the high school by 




Courtesy of Pratt Institute. 
Trade Dressmaking Taught in Pratt 
Institute, Brooklyn, New York. 



406 PUBLIC EDUCATION [§259 

allowing the students of the mdustrial department to alternate 
weekly between the factories and the school. An employer 
takes two boys for each job and thus has one to work all the 
while. Each Saturday morning the boy who has been in school 
that week goes to the factory to get hold of the job on which 
his mate is working, and is thus ready to continue the work on 
Monday morning when the mate goes to school. 

By this arrangement a boy can pay his expenses while get- 
ting an education. The practical experience in the shop shows 
him just what he needs to study in school and the schooling 
increases his efficiency and wages. 

The University of Cincinnati School of Engineering has a 
somewhat similar arrangement with the shops of that city and 
vicinity. The students alternate between the school and the 
shops, spending two weeks in the school and two in the shops, 
but under the supervision of their teachers and for regular wages. 
The class work includes a discussion of the principles which the 
students have put into practice in actual shops. 

259. Industrial Training in the Country. — Eor the same 
reason that cities need trade continuation schools — to increase 
the efficiency and earning power of city artisans — the country 
districts need agricultural schools and farm demonstration ex- 
tension courses. Dr. Knapp, who did so much for the encour- 
agement of agriculture, estimates that there is a possible 800 
per cent increase in the productive power of the farm laborer 
in the average Southern State, distributed as follows : 

300 per cent to the use of better mules and farm machinery ; 

200 per cent to the production of more and better stock ; 

150 per cent to a rotation of crops and better tillage ; 
50 per cent to better drainage ; 
50 per cent to seed of higher vitality, thoroughbred, and 

carefully selected ; 
50 per cent to the abundant use of legumes and the use of 
more economic plants for feeding stock. 

In some agricultural sections the average annual earnings of 
individuals engaged in agriculture is only $150, whereas it is 



§ 260] AGRICULTURAL HIGH SCHOOLS 407 

$1000 in Iowa. It is obvious that no substantial improvement 
in local education can come until the farmers are taught methods 
which will enable them to provide themselves with larger 
incomes. 

260. Agricultural High Schools. — In various parts of the 
country, especially in the South, efforts are being made to es- 
tablish high schools in rural parts of the States, where boys 
and girls may be taught to farm in a more profitable manner 
than has been done by their fathers. In some States, counties 
are permitted and encouraged to establish agricultural high 
schools, often with State aid ; in others the State establishes 
one agricultural high school in each congressional district, while 
localities sometimes maintain such schools at local expense. 

The Farragut School of Concord, Tennessee, is a good illus- 
tration of an agricultural high school, supported by the com- 
munity, which meets the needs of the majority of people. 
" Several years ago this school was reorganized with a view to 
making it a part of the life of the people it serves. Six years 
ago the building was destroyed by fire, but it was immediately 
replaced by the people of the community at a cost of about 
$12,000. A complete water system has since been incorporated, 
which cost a little less than $3000, making the initial cost of 
the school property, including 12 acres of land, about $17,000. 

" The school stands in the open country, about one and a 
half miles from Concord, a village of about 300 inhabitants. 
The school building is a two-story brick structure, with base- 
ment. The high school occupies the second floor and has a 
laboratory on the first floor. The other rooms on the first 
floor are occupied by the elementary school. One half the base- 
ment contains the home economics room, a lunch room, and a 
toilet for the girls ; in the other half are found the manual 
training room and the boys' lunch room and toilet room. 

" The building was made as attractive as possible and at the 
same time thoroughly practical. The water system, which 
adds very much both to the convenience and sanitary condi- 
tions, was secured in the following manner : The water from a 



408 PUBLIC EDUCATION [§260 

large spring about 1200 feet distant is pumped into two large 
tanks in the attic of the building by a No. 40 double-acting 
rifle ram, with a capacity of 3600 gallons per day. The ram 
is driven by creek water, but delivers only spring water to the 
tank. From the tanks the water is conveyed to all parts of 
the building, to the principal's home, and to the barn. Drink- 
ing fountains are located in the halls and lunch rooms, and 
wash bowls and sinks and laboratories. Shower baths are in- 
stalled in both the boys' and girls' toilet rooms. The waste 
water from the showers, sinks, and fountains is carried by a 
tile sewer directly to the creek. The sewer pipe leading from 
the closets empties into a four-compartment septic tank, which 
is 15 feet long, 9 feet wide, and 7 feet deep. The tank over- 
flows clear and odorless into the creek. 

" Six acres are devoted to buildings, playgrounds, etc. The 
other six acres are used for demonstration purjjoses and for 
growing feed for the stock. One man is employed the year 
round as janitor and farm laborer. A four-year rotation of 
crops is used, and fertilizer demonstrations are in progress. 
Other land is devoted to general farm crops, so grouped ag to 
get two crops per year. One crop is harvested, the other being 
turned under to improve soil, which was very poor when the 
school took charge of it. 

" Another prominent feature of the agricultural course is 
that of seed selection and seed testing. A flock of Plymouth 
Rock chickens is maintained and used in teaching animal 
husbandry. In the course in domestic economy the girls give 
as much study to the feeding of man as the boys in agriculture 
give to the feeding of live stock. 

" An interesting feature of the school work is the moonlight 
social, which is held the last Friday night before each full 
moon. This is an effort to help solve the social problem of the 
rural community. The program varies from meeting to meet- 
ing, but always there is a talk on a subject of general interest 
pertaining to some phase of farm life. There is always plenty 
of music, and after the regular program, which lasts about one 



§262] BOYS' CORN CLUBS 409 

hour, tlie evening is given over to social converse. These 
meetings are well attended. The big meeting of the year is on 
Commencement Day, with an all-day program, including a 
basket dinner. In the forenoon the graduating class read their 
essays and receive their diplomas. After dinner opportunity 
is offered to study the demonstrations and general farm work. 
The commencement address is given at 2 o'clock and there is a 
baseball game at 3:30. At 8 o'clock a two-hour drama is given 
by the high school students." ^ 

261. Agricultural Demonstration. — In many agricultural 
counties, especially in the South, a practical farmer who under- 
stands the theory of farming is employed to demonstrate to 
any farmer who will follow his directions how to care for 
a certain plot of ground according to the most improved 
methods. The farmer so employed is called the " county dem- 
onstrator," and commonly the State and United States agri- 
cultural departments bear one half the cost of the demonstrator, 
the county bearing the other half. 2 

262. Boys' Corn Clubs. — The county demonstrators also aid 
members of boys' corn clubs. A boys' corn club consists of a 
group of boys varying in number from 25 to 100, and ranging 
in age from 10 to 18. They cultivate both corn and cotton, 
corn being preferred. As a rule each boy cultivates one acre 
on his father's farm. The county superintendent of education 
is usually in charge. 

Local, county, and State prizes are given, and the topmost 
boys are usually sent to Washington to meet the Secretary of 
Agriculture and to shake hands with the President. The club 
enrollment is now 100,000. The average number of bushels of 
corn grown by members of the boys' clubs, and on similar 
lands by the average farmer in twelve Southern States from 
1908 to 1913 was as follows : ^ 

1 Quoted from " U. S. Bureaa of Education," Bulletin, No. 5, 1913, page 63. 

2 The Rockefeller General Education Board has given large sums of money 
through the U. S. Agricultural Department for this work. 

3 The General Education Board, 1902-1914, page 60. 



410 



PUBLIC EDUCATION 



[§263 



State 


Average Yield on 
Boy's Acee 


Average Yield on 
Similar Lands 


Alabama 

Arkansas 

Florida 

Georgia 

Louisiana . ' 

Mississippi 

North Carolina 

Oklahoma 

South Carolina 

Tennessee 

Texas 


62.3 

49.5 

38.58 

56.4 

55.32 

66.3 

62.8 

48. 

68.79 

91.46 

38. 

59.5 


17.2 
22. 
8. 
14. 
20.24 
18. 
20. 
22.63 
18.5 
35.5 
24. 
20. 







263. Girls' Canning Clubs. — Similar to the boys' corn clubs 
are the girls' canning clubs. Each girl takes one tenth of an 
acre, and is taught how to select the seed, to plant, cultivate, 
and perfect the growth of the tomato plant. Inexpensive can- 
ning outfits which can be set up out of doors — in the orchard or 
garden — are obtained by each girl or by a small club. Com- 
monly the girls meet at their various homes, bringing the raw 
vegetables or fruit with them. The girls are instructed by a 
county domestic science demonstrator or by some local teacher 
or welj-informed person who understands practical and scien- 
tific canning. 

In 1913 there were 30,000 members of the girls' canning 
clubs in fourteen States. The average net profit made by the 
girls reporting in twelve States has been $21.98 a season ; and 
a girl in Lincoln County, Mississippi, earned a net profit just 
under $100 on her 950 cans of tomatoes. 

264. Rank of States Educationally. — The following table, 
prepared by the Eussell Sage Foundation, gives the approxi- 
mate rank of each of the 48 States in ten specified educational 
features for the year 1910. AVhose duty is it to see that your 
State makes a better showing in 1920 ? 



264] 



RANK OF STATES EDUCATIONALLY 



411 



THE TESTS OF EFFICIENCY 

Approximate Rank of Each of the 48 States in 10 Specified 
Educational Features, 1910 









Eank in 


Gen- 
eral 


State 


II 


o C 


o 3 




1 


c3 


5^ 


o 


CO 




Rank 




n= CO 

6 a 


II 




1| 


3 




1^ 


t 

Q 
















CE 


t/3 


w « 








1 


Wash. . . 


9 


6 


1 


10 


12 


20 


2 


3 


3 


6 


2 


Mass. 




8 


1 


4 


1 


3 


2 


15 


19 


1 


4 


3 


N. Y. 




17 


2 


3 


3 


2 


6 


33 


14 


10 


3 


4 


Cal. 




36 


3 


2 


14 


8 


10 


16 


7 . 


9 


1 


5 


Conn. 




3 


4 


10 


2 


5 


12 


23 


28 ■ 


15 


12 


6 


Ohio 




7 


9 


9 


6 


16 


13 


13 


18 


12 


15 


7 


N.J. 




26 


11 


11 


11 


7 


16 


8 


16 


22 


5 


8 


111. . 




14 


7 


8 


8 


15 


11 


28 


13 


20 


11 


9 


Colo. 




4 


10 


7 


22 


24 


39 


20 


6 


14 


8 


10 


Ind. 




22 


12 


24 


20 


28 


4 


10 


15 


6 


16 


11 


R. L . 




19 


5 


16 


4 


1 


14 


40 


25 


5 


9 


12 


Vt. . 




1 


15 


14 


5 


22 


9 


9 


24 


17 


43 


13 


N. H. 




11 


8 


21 


13 


20 


7 


34 


20 


4 


35 


14 


Utah 




21 


16 


18 


17 


19 


15 


3 


17 


28 


10 


15 


Oreg". 




37 


18 


15 


23 


34 


1 


5 


11 


8 


17 


16 


Mont. 




6 


13 


6 


15 


6 


45 


37 


10 


27 


7 


17 


Mich. 




25 


17 


25 


7 


14 


• 3 


14 


30 


13 


20 


18 


N. Dak 




12 


20 


12 


27 


27 


36 


6 


4 


29 


32 


19 


Idaho 




10 


19 


20 


31 


35 


31 


4 


8 


34 


14 


20 


Minn, 




33 


22 


19 


24 


2() 


5 


27 


12 


21 


19 


21 


Iowa 




5 


23 


23 


12 


13 


22 


42 


22 


9 


m 


22 


Me.. 




2 


24 


28 


9 


23 


17 


21 


32 


11 


45 


23 


Pa. . 




30 


14 


26 


16 


17 


8 


38 


23 


24 


13 


24 


Kans. 




18 


29 


29 


18 


21 


18 


12 


29 


19 


25 


25 


Nebr. 




20 


21 


27 


19 


10 


29 


31 


21 


16 


28 


26 


S. Dak 




32 


32 


22 


28 


18 


42 


7 


9 


23 


34 


27 


Nev. 




47 


26 


5 


37 


29 


19 


44 


1 


7 


21 


28 


Wis. 




35 


27 


30 


21 


9 


27 


25 


31 


18 


22 


29 


Wyo. 




24 


31 


17 


26 


31 


30 


47 


5 


30 


24 


30 


Ariz. 




13 


28 


13 


34 


37 


38 


39 


2 


31 


2 


31 


Okla. 




16 


35 


32 


36 


32 


34 


1 


33 


38 


29 


32 


Mo. 




31 


30 


31 


25 


25 


25 


32 


27 


26 


23 


33 


W. Ya. 




28 


34 


33 


32 


38 


28 


11 


34 


46 


36 


34 


Fla. 




15 


37 


36 


35 


45 


23 


19 


3(> 


37 


41 


35 


Del. 




38 


33 


34 


30 


11 


43 


43 


37 


25 


27 


36 


Md. 




41 


39 


35 


29 


4 


47 


46 


38 


33 


18 


37 


Tenn. 




23 


41 


43 


33 


40 


24 


17 


45 


43 


39 


38 


Tex. 




46 


36 


39 


42 


39 


33 


18 


39 


32 


30 


39 


La. . 




48 


40 


38 


46 


36 


26 


25 


35 


40 


26 


40 


N. Mex 




40 


25 


37 


48 


48 


32 


48 


26 


35 


31 


41 


Va. . 




44 


42 


41 


40 


33 


35 


35 


42 


36 


42 


42 


Ky. 




39 


38 


40 


41 


41 


40 


22 


40 


42 


33 


43 


Ark. 




34 


43 


42 


43 


44 


37 


30 


41 


45 


40 


44 


Ga. 




42 


45 


44 


38 


30 


46 


29 


46 


39 


44 


45 


Miss. 




29 


48 


45 


39 


42 


48 


26 


44 


44 


47 


46 


N. C. 




27 


46 


47 


44 


47 


41 


36 


47 


47 


48 


47 


s. c. 




43 


47 


48 


45 


46 


21 


41 


48 


48 


46 


48 


Ala. 




45 


44 


46 


47 


43 


44 


45 


43 


41 


37 



412 PUBLIC EDUCATION [§264 

The foregoing table can be better understood if illustrated 
in detail by the State of Washington, whose general rank is 
first. In proportion of children in school she ranks 9th; in 
value of school property divided by the number of pupils, 6th ; 
in amount expended on each child, 1st ; in the average number 
of days of attendance, 10th ; in length of school year, 12th ; in 
regularity of attendance, 20th ; in amount of money expended 
on public education in proportion to the total wealth of the 
State, 2d ; in daily cost per child, 3d ; in the proportion that 
high school pupils bear to elementary school pupils, 3d ; and 
in average annual salaries, 6th. 

Bibliography 

Hackett, Wallace E. Vocational Training in the United States. 
A Summary. Published by the Board of School Directors, 
Reading, Penna. 

Leavitt, Fkank Mitchell. Some Examples of Industrial Educa- 
tion. 1912. 

Prevocational Education in the Public Schools. 1915. 

Munroe, Paul. A Cyclopedia of Education. 5 vols. 1911-1913. 

Richards, C. R. Special Report of the United States Bureau of 
jf Education on Industrial Training. 

Annual Report of the United States Commissioner of Education. 

Bulletins of the Bureau of Education, Washington. 

Annual Report of the State Superintendent of Education. 

A Summary of School Laws. (Usually distributed by the State 
Superintendent.) 

Questions on the Text 

1. To what extent were the American people educated previous 
to the Revolutionary War? 

2. Who aroused great interest in public school education through- 
out the North in 1838 ? 

3. When were public free schools established in the South V 

4. W^hat is meant by elementary schools? Primary schools? 
Grammar schools ? Secondary schools ? Higher education ? 

5. W^hat proportion of pupils complete the eighth grade through- 
out the United States ? 



QUESTIONS 413 

6. How are compulsory attendance laws enforced where they exist ? 

7. When did public high schools develop in the United States? 

8. How many colleges were established in the United States 
before the Revolutionary War? 

9. How many colleges are there to-day in the United States? 
How many students are enrolled? What proportion are women? 

10. Name some of the universities whose annual incomes exceed 
$100,000. 

11. Explain how^ the United States has aided higher education in 
the States. 

12. How many colleges and universities with incomes exceeding 
$ 100,000 are located in the State in w^hich you live ? 

13. Name four systems for administering public schools. Describe 
each. 

14. From what sources is public school revenue derived? 

15. Is the amount of money spent on public education as much as 
should be spent ? 

16. Does the State in which you live spend as much on education 
per capita as other progressive States? Does it spend as much in pro- 
portion to its wealth ? 

17. What are the seven different bases for the distribution of school 
funds? 

18. Why is it so important that the States furnish industrial 
education? 

19. Explain how industrial education is taught at the Fitchburg 
(Mass.) High School. At the University of Cincinnati. 

20. Explain how farms can be made more productive. 

21. Describe the Farragut School of Concord, Tennessee, and tell 
how it is conducted. 

22. Explain how agriculture is taught by " county demonstrators." 

23. Describe Boys' Corn Clubs. 

24. Describe Girls' Canning Clubs. 

25. According to the Russell Sage Foundation report what is the 
general rank of the State in which you live ? 

Questions for Discussion 

1. What provisions does the constitution of your State make re- 
garding education ? 

2. Does your State have compulsory education ? Is the compulsory 



414 PUBLIC EDUCATION 

education law enforced in your community ? If not, by what means do 
you think it could be enforced ? 

3. Nineteen out of every twenty -one counties in AVyoming have 
women as superintendents of schools. In what respect do you think 
the women are especially equipped for this work ? 

4. The Manual Arts High School of Los Angeles, California, has 
a student government organization, which includes all the students 
and the faculty. Its officers are chosen from the student body, with 
the exception of the auditor and the treasurer, who are appointed by 
the principal ; the treasurer being under $2000 bond. The govern- 
ment of the school is practically in the hands of the students, but the 
principal has a right to interfere when he deems it necessary. Courts 
are held, where offenders who plead "not guilty" are tried. Counsel 
represents both sides and a student jury gives decisions. Laws may 
be established by initiative and referendum, and the recall may be 
invoked against any elected officer. The organization transacts $50,000 
worth of business a year, the profit going into the treasury of the 
school. The book exchange, school printing plant, and cafeteria are 
among the enterprises. Prepare a constitution for the government of 
your school. 

5. In many States textbooks are furnished free, in others the 
pupils have to buy them, and in a few the State buys them and rents 
them to the pupils for a nominal sum. What do you consider the 
merits and demerits of each of the systems? 

6. Has your school a good library of reference books, such as 
dictionaries, encyclopaedias, and atlases? Has your Board of 
Trustees or your Civic League ever been requested to procure these 
student utensils? 

7. Is there not some philanthropist in your county who would 
give $50,000 to build a county library as a lasting monument to him- 
self if he were only impressed with the need of it ? If a $50,000 
library were offered, do you think your county would sustain it? 
Each school in the county could be a branch library for getting the 
books into the hands of pupils and patrons. 

8. Does your school get circulating books from the State library? 

9. Virginia schools of higher rank draw from the State treasury 
annually a sum of money equal to one per cent of the school annuity in 
addition to the regular annuity. This money is used as a loan fund 
for deserving scholars, who may receive sums not exceding $100 each 
for any one session to supplement w^hat they can earn. Upon this loan 



QUESTIONS 415 

the students pay 4 per cent interest. The New York State Depart- 
ment of Education awards every year 750 scholarships, each of which 
entitles the holder to flOO a year for a period of four years. A list 
of the names of all pupils residing in each county who are entitled 
to college entrance diplomas is arranged in order of merit and the 
scholarships are awarded in that order. Five scholarships are awarded 
each county annually for each assembly district therein. Which of 
these plans do you think the better ? 

10. Has your school a baseball diamond? Basket ball court? 
Volley ball court ? Tennis court ? Plenty of swings ? If not, is 
there not some boy or girl in the school with leadership enough to 
" start something " ? 

11. Mr. Edison has prepared moving picture films for use in 
schools, ranging from " the dog barks " and " the dog runs " or the 
daily life of a fly for the kindergarten up to illustrations for the depart- 
ment of physics. Can you not interest your Civic League in a moving- 
picture machine for your school ? 

12. The Board of Education of Brooklyn, New York, adopted a 
plan to establish penny savings banks in the public schools qf that 
city. Do you think this was a good thing ? Do you think it will 
tend to induce public school children to be frugal and thrifty? 

18. In many schools it is customary for either the class in govern- 
ment or the graduating class of high schools to take a trip to Wash- 
ington to see Congress in session and visit the various departments, 
the Library of Congress, Mt. Vernon, and other places of interest. 
The cost is usually defrayed by a class entertainment. The other 
three classes assist with the entertainment as they, too, look forward 
to the trip. Could the graduates of the several high schools in your 
county arrange to take this trip together ? 

14. Could your city give a summer course in toy-making? The 
toys could be made and sold by the boys and girls and in this way 
they would get a practical idea of the manufacturing business. 

15. Every child in Wisconsin between fourteen and sixteen years 
of age who, under a special permit, enters upon some useful employ- 
ment, must go to an industrial, commercial, or evening school for five 
hours each w^eek. The employer continues the wages during these 
hours, the attendance upon school being for such hours and at such 
places as the local Board of Education prescribes. What is the impor- 
tance of this Wisconsin law? Should your State have a similar one? 

16. The University of Wisconsin can tell a farmer the best way 



416 PUBLIC EDUCATION 

to blast and pull stumps. This university receives liberal support 
from the State. Is your State university so practical as this? 

17. " At a public meeting called to discuss school taxes the follow- 
ing argument is advanced in an effort to reduce school taxes : (a) The 
State and local governments are overburdened with school charges, — 
'schooling' is a matter for those who can afford it, — let every one 
take as much as he can pay for in private institutions : (b) there are 
too many ' fads ' in education. Let every one be given the good old- 
fashioned ' three R's ' without the many additional ' trimmings' that 
have been loaded on to our school system, — if the old system were 
maintained, school expenses would be materially reduced. What 
would be your attitude toward each of these arguments and how 
would you express it ? " — The New A merican Government and its Wo7% 
by James T. Young. 



CHAPTER XXIX 

SOCIAL LEGISLATION 

265. Introduction. — There are numerous organizations ^ pro- 
moting legislation for various social reforms, but there are three 
problems that deserve special attention because they have been 
subjects of much recent legislation. These are (1) care of 
mental defectives, (2) regulation of liquor traffic, and (3) con- 
servation of health. 

266. Care of Mental Defectives. — Mental defectives who are 
classed as insane and confined to hospitals for the insane 
should be distinguished from feeble-minded persons, or those 
who are unable to compete on equal terms with their normal 
fellows. While insanity is a disease which is often cured, 
feeble-mindedness seems to be a permanent condition which 
cannot be cured. 

Insane in Hospitals. — In 1880 only 40,000 persons, or 81 for 
each 100,000 of population, were supported by the States in 
institutions for the insane. On January 1, 1910, 187,000 
persons were supported by the States in hospitals for the 
insane, or 204 for each 100,000 of population. Insanity has 
not increased to so great an extent as these figures would in- 

1 Some of the more important of these organizations are : Anti-Saloon 
League of America, Woman's Christian Temperance Union, World's Purity- 
Federation, International Reform Bureau, American Civic Association, 
National Committee for Mental Hygiene, National Reform Association, 
National Probation Association, League for World Peace, Carnegie Endow- 
ment for International Peace, American Peace and Arbitration League, 
American Peace Society. 

Those desiring literature from the above organizations may obtain the 
address of the secretary from the World Almanac or some similar year book. 

417 



418 SOCIAL LEGISLATION § 206 

dicate, because a larger proportion of insane persons were cared 
for in institutions in 1910 tlian in 1880, but the real increase 
of insanity is great, and the prevention of insanity and treat- 
ment of insane j)ersons is one of our greatest problems. 

The Feeble-Minded. — Feeble-mindedness is a state of mental 
defect, existing from birth or from an early age, rendering 
persons thus ^affected incapable of performing their duties as 
members of society in the position of life to which they are 
born. A feeble-minded person whose mental age does not sur- 
pass two years is known as an idiot ; one whose mental age is 
between three and seven years is called an imbecile; and one 
whose mental age is between seven and twelve is technically 
known as a moron. 

The education of imbeciles and morons should be apart from 
other children. They do not develop initiative, and have weak 
will power, but can be taught to lead a useful life within an 
institution and they can be happiest there because occupied at 
such tasks as they can perform. 

In 1910, 20,000 feeble-minded persons were in special in- 
stitutions, 13,000 in almshouses, and several hundred thousand 
at large. The greater portion of these are morons and could 
be nearly self-supporting in institutions, and much happier 
there among others of their kind than at large. 

All but eleven States have laws against the marriage of 
insane persons, and about the same number prohibit the 
marriage of idiots ; a smaller number prohibit the marriage of 
imbeciles ; and only nine States prohibit the marriage of all 
feeble-minded persons, thus including the morons,^ though 
several other States, such as Michigan and New Jersey, pro- 
hibit the marriage of morons if they have been in institutions 
for the feeble-minded. 

Not only will the increased proportion of feeble-minded 
persons injure our race, but they contribute a large proportion 
of our criminals, paupers, and drunkards ; hence all States 

1 These States are Connecticut, Indiana, Kansas, Minnesota, Nebraska, 
North Dakota, Pennsylvania, Washington, and Wisconsin. 



§267] 



REGULATION OF THE LIQUOR TRAFFIC 



419 



should have rigid laws to prevent the marriage of feeble- 
minded persons. 

267. Regulation of the Liquor Traffic. — The License System. — 
Only licensed persons are permitted to sell liquors. At 
present, in addition to the United States internal revenue tax 
of $1.10 a gallon on whiskey and $1.50 a barrel on beer, paid 
by the manufacturer, the proprietor of each retail saloon must 
pay to the National government a tax of $25 a year, to the 
State a tax varying from $50 to $1200 in the different States, 
and some similar amount to the city or town as determined by 
the city or town council. 



The Whiskey Telescope — Scientifically Accurate 




Copyright, 1916, iy International News Service. 



The license system lessens the number of saloons and the 
amount of liquor sold, and produces revenue for the National, 
State, and city governments. But the license system makes 
the government a partner in the evils of the traffic and gives a 
certain respectability to the liquor business. Moreover, the high 
license tends to put saloons into the hands of a few wealthy 
men who use their money to secure the election of public 
officials that are favorable to the liquor business, thus having a 
corrupting influence upon the National, State, and city officials. 

The Dispensary System. — Under the dispensary plan the 
government has a monopoly of the liquor business, and all 



420 SOCIAL LEGISLATION [§ 267 

liquor is sold in original packages by local dispensers. For a 
few years the State of South Carolina purchased all liquor sold 
in the State, put it in bottles in Columbia, and sold it at State 
dispensaries in the towns and cities of the State. The dis- 
pensaries were open only in day time, no liquor could be 
drunk on the premises, and the profit went to the State. 

This system was an improvement over ordinary saloons, but 
corruption found its way to those in charge of the system ; 
and though many of the evils of the open saloon were checked, 
the evils of liquor continued. The legislature abolished the 
State dispensary and permitted each county to vote whether 
it would have a county dispensary or county prohibition. In 
1915, when the State adopted State-wide prohibition, 29 coun- 
ties were already in the dry column and only fifteen had 
county dispensaries. In a few other States cities or towns 
are still permitted to have dispensaries. 

Local Option. — By local option is meant the right of the 
people within a certain locality to decide by election whether 
or not they will permit the sale of liquor within the local area. 
The area within which the people may vote varies from State 
to State. It may be the county, township, town (village), or 
city, or even wards of a city. 

Before the sentiment against saloons becomes strong in 
cities, local option usually applies to townships, towns, and 
villages, the " drys " hoping to carry elections in the rural 
townships and towns. If the *' drys " succeed at this they 
urge the State legislature to permit county option instead of 
township option, expecting the voters of the county outside of 
the city to cast enough votes to overcome the " wet " votes 
of the city. 

State-toide Prohibition. — State-wide prohibition means the 
prohibition of the sale of liquor anywhere within the State 
except at certain drug stores where it may be sold for medical 
purposes under strict safeguards.^ 

1 Since January 1, 1917, Indiana and Utah have been added to the prohibi- 
tion column, making a total of twenty-five prohibition States. 



§-267] 



REGULATION OF THE LIQUOR TRAFFIC 



421 




422 SOCIAL LEGISLATION [§ 268 

In 1917 Congress enacted a law prohibiting all shipments of 
liquor into States that have prohibition laws, except for me- 
chanical, medicinal, or sacramental purposes. The use of the 
United States mails for the transmittal of any form of adver- 
tisements of liquor in States whose laws prohibit the circula- 
tion of such advertisements is also prohibited. 

Nation-wide Prohibition. — The ultimate aim of persons who 
are opposed to the liquor traffic is nation-wide prohibition as 
soon as three fourths of the States favor it. On December 22, 
1914, the Hobson resolution providing for the submission of the 
prohibitory amendment to the federal constitution was voted 
upon in the House of Eepresentatives. At this time 193 votes 
were recorded in its favor and 189 against it. As a two-thirds 
vote of each house is necessary for the submission of a consti- 
tutional amendment, the resolution was lost, and a vote was 
therefore not taken in the Senate. The resolution re-appears 
in each Congress and is gradually gaining support. 

268. Conservation of Health. — When people believed that 
disease was a " humor " in the blood they waited until the 
malady appeared and cured it with medicines — or at least 
tried to cure it. But now that we know most of our prevalent 
diseases to be caused by bacilli (germs), we know it is pos- 
sible to prevent them if the bacilli are kept from our systems. 

For instance, if the germs causing the hookworm disease had 
been understood in the United States before Doctor Stiles of 
the United States Public Health Service ideiitiiied them in 
1902 and not allowed to spread, the millions of victims of the 
disease would have escaped. Fortunately this disease can now 
be easily prevented or cured, and State and county health 
boards are cooperating with public schools to eradicate it. 
Again, if we have the water and milk free from typhoid bacilli, 
and screen against the flies which carry these germs, we are 
not likely to contract typhoid fever. But individuals living in 
cities, especially, cannot know whether the water and milk 
supplies are pure or whether the hotels are sanitary. The 
State and cities must have officers to inspect the milk supply, 



§ 208] 



CONSERVATION OF HEALTH 



423 



water supply, food supplies, hotels, and restaurants. Whereas 
in the past it has been the duty of the family physician to cure 
diseases, in the future it should be the duty of the public medi- 
cal official to iwevent diseases by proper sanitary precautions. 

States and cities should maintain laboratories for the ex- 
amination of water, milk, and other foods ; should have an 
annual examination of school children and even of adults ; 





A Sexteen-year-old Victim 
OF THE Hookworm Disease. 



The Same Girl After Treat- 
ment FOR Hookworm. 



should enforce vaccination ; should inspect meat shops, soda 
fountains, hotels, tenements, factories, and the premises of 
residences ; should disinfect places where contagious diseases 
have existed ; should establish and maintain pest-houses, sana- 
toriums for consumptives, and recreation grounds for all persons. 
Citizens are slow to realize that it is cheaper to pay taxes 
for the prevention of disease than to pay doctors' bills and 



424 



SOCIAL LEGISLATION 



[§ 268 





JBM 


'""^"^^m 




" ''"/^i 


^^^i^HFj 



Recreation Grounds, Worcester, ]VLa.ss. 
Swings properly arranged. 

hospital bills for their cure. A few people can buy milk from 
the high price dairymen, buy spring water, screen premises, 
and go to great expense to protect themselves ; but most peo- 
ple cannot afford such protection, and therefore contract dis- 
eases, menacing the health of all. 





8 






i 


p^ 


.-,^r.^- 


I^Tf '" 



A Playground on the Roof of a New York City School. 



§268] CONSERVATION OF HEALTH 425 

Sanitation to be of any great value must be practiced 
throughout the city. Mayor Preston, of Baltimore, recently 
waged a war on the mosquito. Inspectors were employed to 
go from house to house to locate places where mosquitoes 
might breed. Behold, in the Mayor's own yard was found a 
jar containing water in which mosquitoes could multiply. 
He paid his fine cheerfully, but the incident goes to show that 
the sanitation of a city, or State, cannot be left to individuals. 
It is too natural for one to be a bit negligent — to forget. 

Bibliography 

Annual Proceedings of the National Conference of Charities and 
Corrections. 

The Survey — A magazine in the interest of social legislation. 

Anti-Saloon League Year Book. Published by the Anti-Saloon 
League of America, Westerville, Ohio. Price 25 cents. 

Questions on the Text 

1. What is meant by " social reforms " as used in this chapter? 

2. How are the States taking care of their insane ? 

3. What do the States do for their feeble-minded persons ? What 
three kinds of feeble-minded persons are there? 

4. Do most States permit weak-minded persons to marry ? Should 
they? 

5. Explain how liquor is taxed under the license system ? 

6. Describe the government dispensary plan for conducting the 
liquor business. Has it proved a success? 

7. Explain what is meant by local option in relation to the liquor 
problem. How many States have adopted local option ? 

8. What is meant by State-wide prohibition ? How many States 
have adopted it? 

9. What is the ultimate aim of persons who are opposed to the 
liquor traffic ? How could their desire be accomplished ? 

10. How has the theory as to the causes of disease changed in recent 
years ? 

11. How does the State protect the health of its citizens? How do 
cities? 

12. Under present conditions could the spread of disease be pre- 
vented without the aid of o-overnment ? 



426 SOCIAL LEGISLATION 

(Questions for Discussion 

1. The united charities associations of many cities have a card 
index of all deserving and all undeserving poor or street beggars. Any 
individual can obtain a little folder containing letters of introduction 
to the association ; and if he gives such a letter to a beggar, he knows that 
the latter will be cared for by the association. Should you give what 
you have for charities to the unknown beggars or to the association? 
Is there a State or local officer to whom you can refer beggars for 
help and employment? 

2. Doctor Carl Kelsey has grouped the causes of poverty into three 
main classes : 

1. Environmental : 

a. Adverse physical environment : polar regions, tropics, deserts, 

swamps. 

b. Disasters : flood, earthquake, fire, famine. 

2. Personal : 

a. Physical defects : feeble-mindedness, insanity, blindness. 

h. Moral defects : dishonesty, laziness, shiftlessness, etc. 

c. Intemperance. 

d. Licentiousness. 

e. Sickness. 
/. Accident. 

3. Social : 

a. Industrial changes affecting the worker : changes of location of 

trade, inventions, strikes. 
6. Exploitation. 

c. Race prejudice. 

d. Sickness, death, desertion, crime of natural supporter. 

e. Defective sanitation. 

/. Defective educational system. 

g. Bad social environment. 

h. War. 

i. Unwise philanthropy. 

What are the chief causes of poverty in your immediate neighborhood? 
Which of these numerous causes enumerated are secondary to some 
primary trait of character or habit : for instance, lack of foresight 
and frugality? Drunkenness? Lack of religious or moral training? 

3. Why is it unwise for a child to have much money to spend? 

4. Is your State penitentiary primarily a place to detain criminals. 
or a place to reform them ? Which should it be ? 



QUESTIONS 427 

5. Warden V. E. Thomas has established a " home rule " system 
among prisoners of the Ohio prison. Seven men have been selected 
from various sections of the prison to act as the prison council and 
meet v/ith the warden every Monday morning to discuss the affairs of 
the prison. Their powers are merely advisory. Do you think this 
warden is helping to solve the criminal problem? 

6. The warden of the Colorado State prison has organized a con- 
vict band. Do you think this w^arden is helping to solve the criminal 
problem ? 

7. Is an employer in a State with a workmen's compensation law 
or one in a State without such a law more likely to prohibit the 
drinking of intoxicating liquors by his employees ? 

8. If your community has saloons may they be patronized by 
women? Have music to attract the passer-by? Serve free lunches? 
Have games of chance? Keep open after six o'clock? Have tables 
and chairs to make them attractive ? Have painted glass in the 
windows ? 

9. Why do country districts and small towns vote saloons out 
before the cities begin to agitate the question? 

10. What evidences do you have in your section of the work of the 
Anti-Saloon League ? 

11. Whenever the question of regulating or abolishing saloons is 
agitated in a city, State, or the Nation, the saloon-keepers are forced 
into politics for their own protection. Thus many officials who are 
chosen to make laws and enforce them are elected by the influence of 
the liquor interests, much to the detriment of good government. 
Would you keep the saloon interests out of politics by ceasing to 
agitate the question or by keeping up the fight until saloons are 
abolished ? 



APPENDIX I 

CONSTITUTION OF THE UNITED STATES 

(Annotated) 

PREAMBLE i 

We, the people of the United States, in order to form a more 
perfect Union, establish justice, insure domestic tranquillity, provide 
for the common defence, promote the general welfare, and secure the 
blessings of liberty to ourselves and our posterity, do ordain and 
establish this Constitution for the United States of America. 

ARTICLE I 

LEGISLATIVE DEPARTMENT 

Section 1. Tw^o Houses 

1. All legislative powers herein granted shall be vested in a Con- 
gress of the United States, which shall consist of a Senate and House 
of Representatives. 

Section 2. House of Representatives 

1. The House of Representatives shall be composed of members 
chosen every second year by the people of the several states, and the 
electors in each state shall have the qualifications requisite for electors 
of the most numerous branch of the state legislature.^ 

2. No person shall be a Representative who shall not have attained 
to the age of twenty-five years, and been seven years a citizen of the 

1 The Preamble is an introduction to the main subject, but is no part of it. 
It grants no powers, but assists in interpreting the various clauses that follow 
by indicating the intentions of the framers of the Constitution. 

2 "Electors" means voters. 

429 



430 CONSTITUTION OF THE UNITED STATES 

United States, and who shall not, when elected, be an inhabitant of 
that state in which he shall be chosen.^ 

3. Representatives and direct taxes shall be apportioned among the 
several states which may be included within this Union, according to 
their respective numbers, which shall be determined by adding to the 
whole number of free persons, including those bound to service for a 
term of years, and excluding Indians not taxed, tliree-ffths of all other 
persons.^ The actual enumeration shall be made within three years 
after the first meeting of the Congress of the United States, and 
within every subsequent term of ten years, in such manner as they 
shall by law direct. The number of Representatives shall not exceed 
one for every thirty thousand, but each state shall have at least one 
Representative ; and, until such enumeration shall be made, the state 
of New Hampshire shall be entitled to choose three, Massachusetts 
eight, Rhode Island and Providence Plantations one, Connecticut five, 
New York six, New Jersey four, Pennsylvania eight, Delaware one, 
Maryland six, Virginia ten. North Carolina five, South Carolina five, 
and Georgia three. 

4. When vacancies happen in the representation from any state, 
the executive authority thereof shall issue writs of election to fill such 
vacancies. 

5. The House of Representatives shall choose their Speaker and 
other ofl&cers ; and shall have the sole power of impeachment. 

Section 3. Senate 

1. The Senate of the United States shall be composed of two 
Senators from each state [chosen by the legislature thereof] ^ for six 
years ; and each Senator shall have one vote. 

2. Immediately after they shall be assembled in consequence of 
the first election, they shall be divided, as equally as may be, into 
three classes. The seats of the senators of the first class shall be 
vacated at the expiration of the second year ; of the second class, at 
the expiration of the fourth year ; and of the third class, at the expi- 
ration of the sixth year ; so that one-third may be chosen every 

3 The first woman representative, Miss Kankin, was elected from Montana 
in 191G. 

4 The clause in italics is superseded by the Thirteentli and Fourteenth 
Amendments. 

5 See Seventeenth Amendment. 



CONSTITUTION OF THE UNITED STATES 431 

second year ; [and if vacancies happen by resignation, or otherwise, 
during the recess of the legislature of any state, the executive thereof 
may make temporary appointments until the next meeting of the 
legislature, which shall then fill such vacancies.] ^ 

3. No person shall be a Senator who shall not have attained to the 
age of thirty years, and been nine years a citizen of the United States, 
who shall not, when elected, be an inhabitant of that state for which 
he shall be chosen. 

4. The Vice-President of the United States shall be President of 
the Senate, but shall have no vote, unless they be equally divided. 

5. The Senate shall choose their other officers, and also a Presi- 
dent pro tempore, in the absence of the Vice-President, or when he 
shall exercise the office of President of the United States. 

6. The Senate shall have the sole power to try all impeachments. 
When sitting for that purpose, they shall be on oath or affirmation. 
When the President of the United States is tried, the Chief Justice 
shall. preside ; and no person shall be convicted without the concur- 
rence of two-thirds of the members present. ^ 

7. Judgment in cases of impeachment shall not extend further 
than to removal from office, and disqualification to hold and enjoy any 
office of honor, trust, or profit, under the United States ; but the party 
convicted shall, nevertheless, be liable and subject to indictment, trial, 
judgment, and punishment, according to law. 

Section 4. Elections and Meetings of Congress 

1, The times, places, and manner, of holding elections for Senators 
and Representatives, shall be prescribed in each state by the legisla- 
ture thereof : but the Congress may at any time, by law, make or 
alter such regulations, except as to the places of choosing Senators.''^ 

2. The Congress shall assemble at least once in every year, and 
such meeting shall be on the first Monday in December, unless they 
shall by law appoint a different day. 

6 " Two thirds of the members present" must be at least two thirds of a 
quorum. There are now 96 senators ; 49 is a quorum, hence 33 could convict. 

'^ In 1842 Congress provided that representatives should be elected from 
districts. In 1872 Congress provided that representatives should be elected 
on the Tuesday after the first Monday in November of every even year. 
Maine, the only exception to this rule, elects in the late summer, and its 
election is viewed as a political barometer. 



432 CONSTITUTION OF THE UNITED STATES 



Section 5. Powers and Duties of the Houses 

1. Each House shall be the judge of the elections, returns, and 
qualifications of its own members,^ and a majority of each shall con- 
stitute a quorum to do business ; but a smaller number may adjourn 
from day to day, and may be authorized to compel the attendance of 
absent members, in such manner, and under such penalties, as each 
House may provide. 

2. Each House may determine the rules of the proceedings, punish 
its members for disorderly behavior, and, with the concurrence of 
two-thirds, expel a member. 

3. Each House shall keep a journal of its proceedings, and, from 
time to time, publish the same, excepting such parts as may, in their 
judgment, require secrecy ; and the yeas and nays of the members of 
either House, on any question, shall, at the desire of one-fifth of those 
present, be entered on the journal. 

4. Neither House, during the session of Congress, shall, without 
the consent of the other, adjourn for more than three days, nor to any 
other place than that in which the two Houses shall be sitting. 



Section 6. Privileges of and Prohibitions upon Members 

1. The Senators and Representatives shall receive a compensation 
for their services, to be ascertained by law, and paid out of the treas- 
ury of the United States. They shall, in all cases, except treason, 
felony, and breach of the peace,^ be privileged from arrest during their 
attendance at the session of their respective Houses, and in going to, 
and returning from, the same; and for any speech or debate in either 
House, they shall not be questioned in any other place. i° 

2. No Senator or Representative shall, during the time for which 
he was elected, be appointed to any civil ofiice under the authority of 
the United States, which shall have been created, or the emoluments 

8 This provision permits either House to exclude a member-elect bv a 
majority vote. See sections 35 and 36 of the text. 

9 Treason is defined in Art. 3, Sec. 3. 
Felony is defined is section 183 of the text. 

Breach of the peace means any indictable offence less than treason or felony ; 
hence the exemption from arrest is now of little importance. 

10 The privilege of speech or debate does not extend to the outside publica- 
tion of libelous matter spoken in Congress. 



CONSTITUTION OF THE UNITED STATES 433 

whereof shall have been increased during such time ; ^^ and no person, 
holding any office under the United States, shall be a member of 
either House during his continuance in office. 

Section 7. Revenue Bills: President's Veto 

1. All bills for raising revenue shall originate in the House of Rep- 
resentatives; but the Senate may propose or concur with amendments 
as on other bills. 

2. Every bill which shall have passed the House of Representatives 
and the Senate, shall, before it become a law, be presented to the Presi- 
dent of the United States ; if he approve, he shall sign it, but if not, 
he shall return it, with his objections, to that House in which it shall 
have originated, who shall enter the objections at large on their jour- 
nal, and proceed to reconsider it. 1"^ If, after such reconsideration, two- 
thirds of that House shall agree to pass the bill, it shall be sent, 
together with the objections, to the other House, by which it shall 
likewise be reconsidered, and, if approved by two-thirds of that 
House, it shall become a law. But in all such cases the votes of both 
Houses shall be determined by yeas and nays, and the names of the 
persons voting for and against the bill shall be entered on the journal 
of each House respectively. If any bill shall not be returned by the 
President within ten days (Sundays excepted) after it shall have been 
presented to him, the same shall be a law, in like manner as if he 
had signed it, unless the Congress, by their adjournment, prevent its 
return, in which case it shall not be a law. 

3. Every order, resolution,!^ or vote, to which the concurrence of 

11 After President Taft had selected Senator Knox to be Secretary of State 
it was discovered that during the latter's term as senator the salaries of cab- 
inet officers had been increased. The objection was removed by an act of 
Congress reducing the salary of the Secretary of State to its former figure. 

1^ Particular items of bills cannot be vetoed by the President, which fact is 
very unfortunate. 

13 "Every . . . resolution ... to which the concurrence of the Senate and 
the House of Representatives may be necessary," means every resolution 
which has the effect and force of law. There are two kinds of resolution, 
" joint " and " concurrent." 

A joint resolution is, in general, the same as a bill with the exception of the 
different wording of the enacting clause ; hence must be signed by the Presi- 
dent, except that an amendment to the Constitution is proposed by a joint 
resolution which need not be signed by the President because it has not the 
effect of law ; it is merely a proposal of a law to the States. 



434 CONSTITUTION OF THE UNITED STATES 

the Senate and House of Representatives may be necessary (except on 
a question of adjournment), shall be presented to the President of the 
United States ; and before the same shall take effect, shall be approved 
by him, or, being disapproved by him, shall be repassed by two-thirds 
of the Senate and House of Representatives, according to the rules 
and limitations prescribed in the case of a bill. 

Section 8. Legislative Powers of Congress 

The Congress shall have power : 

1. To lay and collect taxes, duties, imposts, and excises,^^ to pay 
the debts, and provide for the common defence and general welfare, 
of the United States ; but all duties, imposts, and excises, shall be 
uniform throughout the United States : 

2. To borrow money on the credit of the United States : 

3. To regulate commerce with foreign nations, and among the 
several states, and with the Indian tribes : 

4. To establish a uniform rule of naturalization, and uniform 
laws on the subject of bankruptcies,!^ throughout the United 
States : 

5. To coin money, regulate the value thereof, and of foreign coin, 
and fix the standard of weights and measures : 

6. To provide for the punishment of counterfeiting the securities 
and current coin of the United States : 

A concurrent resolution does not have the effect of law ; it is merely an ex- 
pression of the will of Congress on some particular subject, such as adjourn- 
ment beyond thi-ee days, or an expression of sympathy, so does not need the 
approval of the President. 

14 For the meaning of these terms see section 45 of the text. 

15 Bankruptcij means the inability of a person to pay all of his debts ; but 
by turning over what property he has to be distributed proportionately among 
his creditors, he is released from his ordinary debts. Congress has not exer- 
cised its power over bankruptcy continuously. The present federal bank- 
ruptcy law was passed in 1898. According to this law there is voluntary and 
involuntary bankruptcy. Any debtor may become a voluntary bankrupt by 
filing a petition setting forth the fact that he is unable to pay his debts, and 
that he is willing to surrender all of his property to his creditors. Any per- 
son or corporation (except laborers, farmers, and national banks) indebted 
to the amount of $1000 may be declared an involuntary bankrupt by a federal 
District Court if he in any way attempts to defraud his creditors, or if he 
admits, in writing, his mability to pay his debts and willingness to be ad- 
judged a bankrupt. 



CONSTITUTION OF THE UNITED STATES 435 

7. To establish post-offices and post-roads : '^^ 

8. To promote the progress of science and useful arts, i'^ by securing, 
for limited times, to authors and inventors, the exclusive right to 
their respective writings and discoveries : 

9. To constitute tribunals inferior to the Supreme Court : 

10. To define and punish piracies and felonies, committed on the 
high seas, and offences against the law of nations : 

11. To declare war, grant letters of marque and reprisal, ^^ and 
make rules concerning captures on land and water : 

12. To raise and support armies ; but no appro23riation of money to 
that use shall be for a longer term than two years : 

13. To provide and maintain a navy : 

14. To make rules for the government and regulation of the land 
and naval forces: 

1.5. To provide for calling forth the militia to execute the laws of 
the Union, suppress insurrections, and repel invasions : 

16. To provide for organizing, arming, and disciplining the militia, 
and for governing such part of them as may be employed in the 
service of the United States, reserving to the states respectively the 
appointment of the officers, and the authority of training the militia, 
according to the discipline prescribed by Congress : 

17. To exercise exclusive legislation in all cases whatsoever, over 
such district (not exceeding ten miles square) as may, by cession of 
particular states, and the acceptance of Congress, become the seat of 
the government of the United States, and to exercise like authority 
over all places, purchased by the consent of the legislature of the state 
in which the same shall be, for the erection of forts, magazines, 
arsenals, dock-yards, and other needful buildings : — And 



16 " Post" is the French word poste meaning " mail" ; and " post roads " 
mean mail-routes, such as turnpikes, railroads, rivers, city streets, mountain 
paths, etc. * 

I'' This clause refers to copyrights and patents. (See sections 47, 99, and 
notes to section 120.) 

18 Marque is a French word meaning " boundary." " Keprisal " is from the 
French word repr^saille, which means retaliation. Hence, originally letters 
of " marque and reprisal " were licenses to cross the boundaries into the ene- 
mies' country, and capture or destroy goods. As used here it means a com- 
mission authorizing private citizens to tit out vessels (privateers) to capture 
or destroy in time of war. No privateers were commissioned either during 
the Civil War or during the Spanish-American War. 



436 CONSTITUTION OF THE UNITED STATES 

18. To make all laws which shall be necessary and proper i^ for 
carrying into execution the foregoing powers, and all other powers 
vested by this Constitution in the government of the United States, 
or in any department or officer thereof. 

Section 9. Prohibitions upon the United States 

1. The migration or importation of such persons, as any of the 
states, now existing, shall think proper to admit, shall not be pro- 
hibited by the Congress prior to the year one thousand eight hundred 
and eight ; but a tax or duty may be imposed on such importation, 
not exceeding ten dollars for each person. 

2. The privilege of the writ of habeas corpus ^^ shall not be sus- 
pended, unless when, in cases of rebellion or invasion, the public safety 
may require it. 

3. No bill of attainder, or ex post facto law,^^ shall be passed. 

4. No capitation, or other direct tax, shall be laid, unless in propor- 
tion to the census or enumeration hereinbefore directed to be taken. ^ 

5. No tax or duty shall be laid on articles exported from any state. 

6. No preference shall be given by any regulation of commerce or 
revenue to the ports of one state over those of another ; nor shall 
vessels bound to, or from, one state, be obliged to enter, clear, or 
pay duties, in another. 

7. No money shall be drawn from the treasury, but in consequence 
of appropriations made by law; and a regular statement and account 
of the receipts and expenditures of all public money shall be published 
from time to time. 

8. No title of nobility shall be granted by the United States; and 
no person holding any office of profit or trust under them shall, with- 
in iV^ecessar?/ does not mean absolutely or indispensably necessary, but 

merely appropriate. This so-called necessary and proper clause is also known 
as the elastic clause, because it has made it possible for the courts to stretch 
the meaning of other clauses of the Constitution. See section 48 of the text. 

20 A ivrit of habeas corpus is directed by a judge to any person detaining 
another, demanding that person to produce the body of the person detained in 
order to determine whether such person is rightfully or wrongfully detained. 
Such person may be a prisoner in jail, an inmate of an insane asylum, a nun 
in a convent, or any person detained contrary to law. 

21 A bill of attainder is a legislative act which inflicts punishment without a 
judicial trial. See Art. I, Sec 10: see also Art. Ill, Sec. 3, CI. 2. 

For the meaning of ex post facto see section 128 of the text. 

22 See Amendment XVI. Also see section 44 of the text. 



CONSTITUTION OF THE UNITED STATES 437 

out the consent of the Congress, accept of any present, emolument, 
office, or title, of any kind whatever, from any king, prince, or foreign 
state. 

Section 10. Prohibitions upon the States 

1. No state shall enter into any treaty, alliance, or confederation; 
grant letters of marque and reprisal ; coin money ; emit bills of 
credit; 2^ make anything but gold and silver coin a tender in pay- 
ment of debts ; pass any bill of attainder, ex post facto law, or law 
impairing the obligation of contracts, or grant any title of nobility. 

2. No state shall, without the consent of the Congress, lay any 
imposts or duties on imports or exports, except w^hat may be abso- 
lutely necessary for executing its inspection laws ; and the net prod- 
uce of all duties and imposts, laid by any state on imports or exports, 
shall be for the use of the treasury of the United States ; and all such 
laws shall be subject to the revision and control of the Congress. No 
state shall, without the consent of Congress, lay any duty of tonnage,^* 
keep troops, or ships of war, in time of peace, enter into any agree- 
ment or compact with another state, or with a foreign power, or 
engage in war, unless actually invaded, or in such imminent danger 
as will not admit of delay. 

ARTICLE II 

EXECUTIVE DEPARTMENT: THE PRESIDENT AND 
VICE-PRESIDENT 

Section 1. Term: Election: Qualifications: Salary: Oath of 

Office 

1. The Executive power shall be vested in a President of the United 
States of America. He shall hold his office during the term of four 
years, and together with the Vice-President, chosen for the same term, 
be elected as follows : 

2. Each state shall appoint, in such manner as the legislature 
thereof may direct, a number of Electors, equal to the whole number 
of Senators and Representatives, to which the state may be entitled in 

23 Bills of credit mean paper money. 

24 Tonnage is a vessel's internal cubical capacity in tons of one hundred 
cubic feet each. Tonnage duties are duties upon vessels in proportion to their 
capacity. 



438 CONSTITUTION OF THE UNITED STATES 

the Congress ; but no Senator or Representative, or person holding an 
office of trust or profit, under the United States, shall be appointed an 
Elector. 

3. [The Electors shall meet in their respective states, and vote by ballot 
for two persons, of whom one, at least, shall not be an inhabitant of the 
same state with themselves. And they shall make a list of all the per- 
sons voted for, and of the number of votes for each ; which list they shall 
sign and certify, and transmit, sealed, to the seat of the Government of 
the United States, directed to the President of the Senate. The President 
of the Senate shall, in the presence of the Senate and House of Represen- 
tatives, open all the certificates, and the votes shall then be counted. The 
person having the greatest number of votes shall be the President, if such 
number be a majority of the whole number of Electors appointed ; and if 
there be more than one, who have such majority, and have an equal num- 
ber of votes, then the House of Representatives shall immediately choose, 
by ballot, one of them for President ; and if no person have a majority, 
then, from the five highest on the list, the said House shall, in like man- 
ner, choose the President. But in choosing the President, the votes shall 
be taken by states, the representation from each state having one vote ; 
a quorum for this purpose shall consist of a member or members from 
two-thirds of the states, and a majority of all the states shall be necessary 
to a choice. In every case, after the choice of the President, the person 
having the greatest number of votes of the Electors shall be the Vice- 
President. But if there should remain two or more who have equal votes, 
the Senate shall choose from them, by ballot, the Vice-President. ]25 

4. The Congress may determine the time of choosing the Electors, 
and tlie day on which they shall give their votes ; which day shall be 
the same throughout the United States. ^^ 

5. No person, except a natural-born citizen, or a citizen of the 
United States at the time of the adoption of this Constitution, shall 
be eligible to the office of President ; neither shall any person be 
eligible to that office, who shall not have attained to the age of thirty- 
five years, and been fourteen years a resident within the United 
States. 

6. In case of the removal of the President from office, or of his 
death, resignation, or inability to discharge the powers and duties of 
the said office, the same shall devolve on the Vice-President, and the 
Congress may by ]aw provide for the case of removal, death, resigna- 



25 This paragraph has been superseded by Amendment XII. 

26 For the time of choosing electors see section 59 of the text. 



CONSTITUTION OF THE UNITED STATES 439 

tion or inability, both of the President and Vice-President, declaring 
what officer shall then act as President, and such officer shall act 
accordingly, until the disability be removed, or a President shall be 
elected.'^'^ 

7. The President shall, at stated times, receive for his services 
a compensation, which shall neither be increased nor diminished dur- 
ing the period for which he shall have been elected, and he shall not 
receive, within that period, any other emolument from the United 
States, or any of them. 

8. Before he enter on the execution of his office, he shall take the 
following oath or affirmation : 

9. "I do solemnly swear (or affirm), that I will faithfully execute 
the office of President of the United States, and will, to the best of my 
ability, preserve, protect, and defend the Constitution of the United 
States." 

Section 2. President's Executive Powers 

1. The President shall be Commander-in-Chief of the army and 
navy of the United States, and of the militia of the several states, 
when called into the actual service of the United States; he may re- 
quire the opinion, in writing, of the principal officer in each of the 
executive departments upon any subject relating to the duties of their 
respective offices, ^^ and he shall have power to grant reprieves and 
pardons^^ for offences against the United States, except in cases of im- 
peachment. 

2. He shall have power, by and with the advice and consent of the 
Senate, to make treaties, provided two-thirds of the Senators present 
concur ; and he shall nominate, and, by and with the advice and con- 
sent of the Senate, shall appoint ambassadors, other public ministers, 
and consuls, judges of the Supreme Court, and all other officers 
of the United States whose appointments are not herein otherwise 
provided for, and which shall be established by law ; ^'^ but the Con- 
gress may by law vest the appointment of such inferior officers, as 
they think proper, in the President alone, in the courts of law, or in 
the heads of departments. 

27 For the order of succession to the presidency see section 61 of the text. 

28 This clause is the only authority for the President's Cabinet. There is no 
law of Congress tliat makes a department head a member of the Cabinet. 

29 For the pardoning power of the President see section 69 of the text. 

*^o For the President's power to remove officers see section 64 of the text. 



440 CONSTITUTION OF THE UNITED STATES 

3. The President shall have power to fill up all vacancies that may- 
happen during the recess of the Senate, by granting commissions 
which shall expire at the end of their next session. 

Section 3. President's Executive Powers {continued) 

1. He shall, from time to time, give to the Congress information of 
the state of the Union, and recommend to their consideration such 
measures as he shall judge necessary and expedient; he may, on 
extraordinary occasions, convene both Houses, or either of them, and 
in case of disagTeement between them, with respect to the time of 
adjournment, he may adjourn them to such time as he shall think 
proper ; he shall receive ambassadors and other public ministers ; he 
shall take care that the laws be faithfully executed, and shall com- 
mission all the officers of the United States. 

Section 4. Impeachment 

1. The President, Vice-President, and all civil officers ^^ of the 
United States, shall be removed from office on impeachment for, and 
conviction of, treason, bribery, or other high crimes and misde- 
meanor s.^^ 

ARTICLE III 
JUDICIAL DEPARTMENT 

Section 1. Courts : Terms of Office 

1. The judicial power of the United States shall be vested in one 
Supreme Court, and in such inferior courts as the Congress may 
from time to time ordain and establish. The judges, both of the 
Supreme and inferior courts, shall hold their offices during good be- 
havior, and shall, at stated times, receive for their services a compen- 
sation which shall not be diminished during their continuance in 
office. 

31 Civil Officers subject to impeachment include all ofidcers of the United 
States who hold their appointments from the National government, high or 
low, whose duties are executive or judicial. Officers in the army or navy are 
not civil officers ; neither are senators and representatives officers in this 
sense, nor can they be impeached, but this would be useless as either House 
can expel a member by a two-thirds vote. 

32 A majority of the House of Representatives may impeach any civil 
officer of the United States whom they consider morally unfit for his position. 



CONSTITUTION OF THE UNITED STATES 441 



Section 2. Jurisdiction 

1. The judicial power shall extend to all cases, in law and equity,^^ 
arising under this Constitution, the laws of the United States, and 
treaties made, or which shall be made, under their authority ; to all 
cases affecting ambassadors, other public ministers, and consuls; to 
all cases of admiralty and maritime jurisdiction;^ to controversies 
to which the United States shall be a party; to controversies between 
two or more states, between a state and citizens of another state,^^ 
between citizens of different states, between citizens of the same state 
claiming lands under grants of different states, and between a state, or 
the citizens thereof, and foreign states, citizens, or subjects. 

2. In all cases affecting ambassadors, other public ministers and 
consuls, and those in which a state shall be a party, the Supreme 
Court shall have original jurisdiction. ^^ In all the other cases before 
mentioned, the Supreme Court shall have appellate jurisdiction, both 
as to law and fact, with such exceptions and under such regulations 
as the Congress shall make. 

3. The trial of all crimes, except in cases of impeachment, shall be 
by jury ; ^" and such trial shall be held in the state where the said 
crimes shall have been committed ; ^^ but when not committed within 
any state the trial shall be at such place or places as the Congress may 
by law have directed. 

Section 3. Treason 

1. Treason against the United States shall consist only in levying 
war against them, or in adhering to their enemies, giving them aid 

33 For the meauing of Equity see note to section 182 of the text. 

34 Admiralty jurisdiction includes cases of prizes seized in time of war, and 
crimes, torts, etc. in time of peace, which occur on the high seas or navigable 
waters. Maritime jurisdiction has reference to contracts, claims, etc. that are 
connected with maritime operations — e.g., a contract on land for ship supplies. 
Admiralty jurisdiction is given by the locality of the act ; maritime, by the 
character of the act. 

35 This clause was modified by the Eleventh Amendment. 

36 Original jurisdiction means the right of hearing and determining a case 
in the first instance. Appellate jurisdiction means the right to hear cases 
appealed from inferior courts. 

3' Jury trials are guaranteed in federal courts only. States could abolish 
jury trials if they should desire to do so. 

38 If a crime is committed on the sea the accused is tried by the United 
States District Court of the district where the prisoner is landed. 



442 CONSTITUTION OF THE UNITED STATES 

and comfort. No person shall be convicted of treason unless on the 
testimony of two witnesses to the same overt act, or on confession in 
open court. 

2. The Congress shall have power to declare the punishment of 
treason, but no attainder of treason shall work corruption of blood or 
forfeiture, except during the life of the person attainted.^^ 

ARTICLE IV 
RELATIONS OF STATES 
Section 1. Public Records 

1. Full faith and credit shall be given in each state to the public 
acts, records, and judicial proceedings of every other state. And the 
Congress may, by general laws, prescribe the manner in which such 
acts, records, and proceedings shall be proved, and the effect thereof. 

Section 2. Rights in One State of Citizens of Another 

1. The citizens of each state shall be entitled to all privileges and 
immunities^ of citizens in the several states. 

2. A person charged in any state with -treason, felony, or other 
crime, who shall flee from justice, and be found in another state, shall, 
on demand of the executive authority of the state from which he fled, 
be delivered up, to be removed to the state having jurisdiction of the 
crime. 

3. No person held to service ^^ or labor in one state, under the laws 
thereof, escaping into another, shall, in consequence of any law or 
regulation therein, be discharged from such service or labor, but shall 

39 During the Civil War an act was passed by Congress according to which 
all Confederate army or navy officers should forfeit their property. A certain 
piece of real estate in Virginia belonging to a Confederate naval officer, 
Forrest by name, was seized by the government and sold by legal proceedings 
to one Buntley. Buntley sold it to Bigelow. After the death of Forrest his 
son and rightful heir claimed it, and obtained it because treason cannot " work 
corruption of blood or forfeiture except during the life of the person attainted." 
See Art. I, Sec. IX, CI. 3. 

40 For privileges and immunities see note on Fourteenth Amendment. 

41 Person held to service means slave ; hence this clause has no significance 
now. 



CONSTITUTION OF THE UNITED STATES 443 

be delivered up on claim of the party to whom such service or labor 
may be due. 

Section 3. New States : Territories 

1. New states may be admitted by the Congress into this Union ; 
but no new state shall be formed or erected within the jurisdiction of 
any other state, nor any state be formed by the junction of two or 
more states, or parts of states, without the consent of the legislatures 
of the states concerned as well as of the Congress. 

2. The Congress shall have power to dispose of and make all 
needful rules and regulations respecting the territory or other property 
belonging to the United States; and nothing in this Constitution 
shall be so construed as to prejudice any claims of the United States, 
or of any particular state. 

Section 4. Protection Afforded to States by the Nation 

1. The United States shall guarantee to every state in this Union 
a republican form of government, and shall protect each of them 
against invasion ; and on application of the legislature, or of the 
executive (when the legislature cannot be convened), against domes- 
tic violence. 

ARTICLE V 

AMENDMENT 

1. The Congress, whenever two-thirds of both Houses shall deem it 
necessary, shall propose amendments to this Constitution, or, on the 
application of the legislatures of two-thirds of the several states, shall 
call a convention for proposing amendments, which, in either case, 
shall be valid, to all intents and purposes, as part of this Constitution, 
when ratified by the legislatures of three-fourths of the several states, 
or by conventions in three-fourths thereof, as the one or the other 
mode of ratification may be proposed by the Congress : provided that 
no amendment which may be made prior to the year one thousand 
eight hundred and eight shall in any manner affect the first and 
fourth clauses in the ninth section of the first Article; and that no 
state, without its consent, shall be deprived of its equal suffrage in 
the Senate. 



444 CONSTITUTION OF THE UNITED STATES 



ARTICLE VI 

NATIONAL DEBTS : SUPREMACY OF NATIONAL LAW : 

OATH 

1. All debts contracted and engagements entered into, before the 
adoption of this Constitution, shall be as valid against the United 
States under this Constitution as under the Confederation. 

2. This Constitution, and the laws of the United States which shall 
be made in pursuance thereof, and all treaties made, or which shall be 
made, under the authority of the United States, shall be the supreme 
law of the land ; *2 and the judges in every state shall be bound there- 
by, anything in the constitution or laws of any state to the contrary 
notwithstanding. 

3. The Senators and Representatives before mentioned, and the 
members of the several state legislatures, and all executive and judicial 
officers, both of the United States and of the several states, shall be 
bound, by oath or affirmation, to support this Constitution; but no 
religious test shall ever be required as a qualification to any office or 
public trust under the United States. 

ARTICLE VII . 

ESTABLISHMENT OF CONSTITUTION 

1. The ratification of the conventions of nine states shall be suffi- 
cient for the establishment of this Constitution between the states so 
ratifying the same. 

[Constitution ratified by States, 1787-1790.] 

42 If a federal law and treaty conflict, the courts accept the one most recently 
passed or ratified.- A State law always yields to a treaty. 



AMENDMENTS 



ARTICLE 143 

FREEDOM OF RELIGION, OF SPEECH, AND OF THE 
PRESS: RIGHT OF PETITION 

Congress shall make no law respecting an establishment of religion, 
or prohibiting the free exercise thereof ; or abridging the freedom of 
speech, or of the press ; or the right of the people peaceably to 
assemble, and to petition the government for a redress of grievances. 

ARTICLE II 43 

RIGHT TO KEEP ARMS 

A well-regulated militia being necessary to the security of a free 
state, the right of the people to keep and bear arms shall not be 
infringed. 44 

ARTICLE III 43 

QUARTERING OF SOLDIERS IN PRIVATE HOUSES 

No soldier shall, iu time of peace, be quartered in any house, without 
the consent of the owner; nor, in time of war, but in a manner to be 
prescribed by law. 

ARTICLE IV 43 

SEARCH WARRANTS 

The right of the people to be secure in their persons, houses, papers, 
and effects, against unreasonable searches and seizures, shall not be 

43 The first ten amendments are restrictions upon tlie National government 
only. (See section 129 of the text.) Tliey were adopted in 1791. 

44 As' this Amendment restricts Congi-ess only, a State may restrict the use 
of arms as it sees fit — e. g., to militia authorized by it. A State may prohibit 
the carrying of arms by such orgnizations as the Knights of Columbus 
or the Masons. Many States prohibit the carrying of concealed weapons, or 
even the possession of pistols, dirks, etc. 

445 



446 CONSTITUTION OF THE UNITED STATES 

violated ; aud no warrants shall issue, but upon probable cause, sup- 
ported by oath or affirmation, aud particularly describing the place to 
be searched, and the persons or things to be seized.*^ 



ARTICLE V43 

CRIMINAL PROCEEDINGS 

No person shall be held to answer for a capital, or otherwise in- 
famous, crime, unless on a presentment or indictment of a grand jury, 
except in cases arising in the land or naval forces, or in the militia, 
when in actual service, in time of war, or public danger; nor shall 
any person be subject, for the same offence, to be twice j^ut in jeopardy 
of life or limb; nor shall be compelled, in any criminal case, to be a 
witness against himself; nor be deprived of life, liberty, or property, 
without due process of law ; *® nor shall private property be taken for 
public use, without just compensation,*'^ 

ARTICLE VI 43 

CRIMINAL PROCEEDINGS (continued) 

In all criminal prosecutions, the accused shall enjoy the right to a 
speedy and public trial, by an impartial jury of the state and district 
wherein the crime shall have been committed, which district shall 
have been previously ascertained by law ; and to be informed of the 
nature and cause of the accusation ; to be confronted with the 
witnesses against him ; to have compulsory process for obtaining wit- 
nesses in his favor; and to have the assistance of counsel for his 
defence. 



46 Congress cannot authorize the opening of first class mail except by a 
warrant issued by a court. The warrant must describe the mail to be opened. 

46 Due process of law means the law of the land, both written and unwritten 
(principles known to courts). In brief, due process of law is what the majority 
of the Supreme Court of the United States thinks the law of the land to be. 
See section 128 of the text. 

47 While this restriction applies only to the National government, the Four- 
teenth Amendment extends a portion of it to the States. See Amendment 
XIV, Sec. 1. 



AMENDMENTS 447 

ARTICLE VII 43 

JURY TRIAL IN CIVIL CASES 

In suits at common law, where the value in controversy shall exceed 
twenty dollars, the right of trial by jury shall be preserved; and no 
fact, tried by a jury, shall be otherwise re-examined in any court of 
the United States than according to the rules of the common law. 

ARTICLE VIII 43 

EXCESSIVE PUNISHMENTS 

Excessive bail shall not be required, nor excessive fines imposed, 
nor cruel and unusual punishments inflicted. 

ARTICLE 1X43 

UNENUMERATED RIGHTS OF THE PEOPLE 

The enumeration in the Constitution of certain rights shall not be 
construed to deny or disparage others retained by the people. 

ARTICLE X43 

POWERS RESERVED TO STATES 

The powers not delegated to the United States by the Constitution, 
nor prohibited by it to the states, are reserved to the states respect- 
ively, or to the people. 

ARTICLE XI 48 

SUITS AGAINST STATES 

The judicial power of the United States shall not be construed to 
extend to any suit in law or equity, commenced or prosecuted against 
one of the United States by citizens of another state, or by citizens or 
subjects of any foreign state.49 



48 This amendment was adopted in 1798. 

4^ Officers of a State can be sued in some cases, which practically amounts 
to a suit against a State. 



448 CONSTITUTION OF THE UNITED STATES 

ARTICLE XII 50 
ELECTION OF PRESIDENT AND VICE-PRESIDENT 

1. The Electors shall meet in their respective states, and vote by 
ballot for President and Vice-President, one of whom, at least, shall 
not be an inhabitant of the same state with themselves ; they shall 
name in their, ballots the person voted for as President, and in distinct 
ballots the person voted for as Vice-President ; and they shall make 
distinct lists of all persons voted for as President, and of all persons 
voted for as Vice-President, and of the number of votes for each, 
which lists they shall sign, and certify, and transmit, sealed, to the 
seat of the Government of the United States, directed to the President 
of the Senate ; the President of the Senate shall, in the presence of 
the Senate and the House of Representatives, open all the certificates, 
and the votes shall then be counted; the person having the greatest 
number of votes for President shall be the President, if such number 
be a majority of the whole number of Electors appointed ; and if no 
person have such a majority, then, from the persons having the highest 
numbers, not exceeding three, on the list of those voted for as Presi- 
dent, the House of Representatives shall choose immediately, by 
ballot, the President. But in choosing the President, the votes shall 
be taken by states, the representation from each state having one 
vote ; a quorum for this purpose shall consist of a member or mem- 
bers from two-thirds of the states, and a majority of all the states 
shall be necessary to a choice. And if the House of Representatives 
shall not choose a President, whenever the right of choice shall devolve 
upon them, before the fourth day of March next following, then the 
Vice-President shall act as President, as in case of the death, or other 
constitutional disability, of the President. 

2. The person having the greatest number of votes as Vice-Presi- 
dent, shall be the Vice-President, if such number be a majority of 
the whole number of Electors appointed ; and if no person have a 
majority, then, from the two highest numbers on the list, the 
Senate shall choose the Vice-President; a quorum for the purpose 
shall consist of two-thirds of the whole number of Senators; a 
majority of the whole number shall be necessary to a choice. 

3. But no person constitutionally ineligible to the office of President 
shall be eligible to that of Vice-President of the United States. 

50 This amendment was adopted in 1804 and supersedes Art. II, Sec. 1. 



AMENDMENTS 449 

ARTICLE XIII 51 
SLAVERY 
Section 1. Abolition of Slavery 

Neither slavery nor involuntary servitude, except as a punishment 
for crime, whereof the party shall have been duly convicted, shall 
exist within the United States, or any place subject to their jurisdic- 
tion. 

Section 2. Power of Congress 

Congress shall have power to enforce this article by appropriate 
legislation. 

ARTICLE XIV 52 

CIVIL RIGHTS: APPORTIONMENT OF REPRESENTA- 
TIVES: POLITICAL DISABILITIES: PUBLIC DEBT 

Section 1. Civil Rights 

All persons born or naturalized in the United States, and subject 
to the jurisdiction thereof, are citizens of the United States and of 
the state wherein they reside. ^^ No state shall make or enforce any 
law which shall abridge the privileges or immunities of citizens ^4 
of the United States ; nor shall any state deprive any person of life, 
liberty, or property, without due process of law, nor deny to any 
person within its jurisdiction the equal protection of the laws. 

51 This amendment was adopted in 1865. 

52 This amendment was adopted in 1868. 

53 By defining citizenship it is made clear that negroes are citizens. 

And subject to the jurisdiction thereof ^^oxxld exclude children of diplomatic 
representatives of a foreign state and children born to alien enemies in hostile 
occupation. 

54 Privileges and immunities have never been defined, but the courts have 
named many things which are and are not a denial of such privileges and 
immunities. For example, it is not a denial to prohibit marriage between 
whites and blacks ; nor to provide separate schools for these races ; nor to 
provide separate coaches for the races; nor to close business places during 
certain hours or on Sunday. It is a denial for a State to prohibit the employ- 
ment of a particular nationality ; or to pass an act excluding persons from 
jury service because of their color or race. 



450 CONSTITUTION OF THE UNITED STATES 

Section 2. Apportionment of Representatives 

Representatives shalL be apportioned among the several states accord- 
ing to their respective numbers, counting the whole number of persons 
in each state, excluding Indians not taxed. But when the right to vote 
at any election for the choice of electors for President and Vice-Presi- 
dent of the United States, Representatives in Congress, the executive 
and judicial officers of a state, or the members of the legislature thereof, 
is denied to any of the male inhabitants of such state, being twenty- 
one years of age, and citizens of the United States, or in any way 
abridged, except for participation in rebellion or other crime, the basis 
of representation therein shall be reduced in the proportion which the 
number of such male citizens shall bear to the whole number of male 
citizens twenty-one years of age in such state. 

Section 3. Political Disabilities 

No person shall be a Senator or Representative in Congress, or 
elector of President and Vice-President, or hold any office, civil or 
military, under the United States, or under any state, who, having 
previously taken an oath, as a member of Congress, or as an officer of 
the United States, or as a member of any state legislature, or as an 
executive or judicial officer of any state, to support the Constitution of 
the United States, shall have engaged in insurrection or rebellion 
against the same, or given aid or comfort to the enemies thereof. But 
Congress may, by a vote of two-thirds of each House, remove such 
disability. 

Section 4. Public Debt 

The validity of the public debt of the United States, authorized by 
law, including debts incurred for payment of pensions and bounties 
for services in suppressing insurrection or rebellion, shall not be 
questioned. But neither the United States nor any state shall assume 
or pay any debt or obligation incurred in aid of insurrection or rebellion 
against the United States, or any claim for the loss or emancipation of 
any slave ; but all such debts, obligations, and claims shall be held 
illegal and void. 

Section 5. Pow^ers of Congress 

The Congress shall have power to enforce, by appropriate legislation, 
the provisions of this article. 



AMENDMENTS 451 

ARTICLE Xyss 

RIGHT OF SUFFRAGE 

Section 1. Right of Negro to Vote 

The right of citizens of the United States to vote shall not be denied 
or abridged by the United States or by any state on account of race, 
color, or previous condition of servitude. 

Section 2. Power of Congress 

The Congress shall have power to enforce this article by appropriate 
legislation. 

ARTICLE XVI 53 

INCOME TAX 

The Congress shall have power to lay and collect taxes on incomes, 
from whatever source derived, without apportionment among the sev- 
eral states, and without regard to any census or enumeration. 

ARTICLE XVIIST 
SENATE: ELECTION: VACANCIES 

The Senate of the United States shall be composed of two Senators 
from each state, elected by the people thereof, for six years ; and each 
Senator shall have one vote. The electors in each state shall have the 
qualifications requisite for electors of the most numerous branch of 
the state legislatures. 

When vacancies happen in the representation of any state in the 
Senate, the executive authority of such state shall issue writs of elec- 
tion to fill such vacancies : Provided, That the legislature of any state 
may empower the executive thereof to make temporary appointment 
until the people fill the vacancies by election as the legislature may 
direct. ^^ 

This amendment shall not be so construed as to affect the election 
or term of any Senator chosen before it becomes valid as part of the 
Constitution. 

s^This ainenclment was adopted in 1870. It was passed to secure negro 
suffrage and to prevent negroes from being disfranchised. 

56 Amendment XVI was adopted in 1913. It modifies Art. 1, Sec. 9, CI. 4. 

^''Tliis amendment was adopted in 1913. It modifies Art. 1, Sec. 3, Cls. 1 
and 2. 



APPENDIX II 

SUGGESTIONS 

It is recommended that the teacher read The Teaching of Civics, 
by Mabel Hill, published by Houghton Mifflin Company, New York, 
1914. Price 60 cents. 

All students should read the Constitution of the United States 
(Appendix I) before studying Chapter IV of this text. 

A study of local conditions will make the course more practical. 
For instance, students may be assigned pai:)ers on the following sub- 
jects concerning the county : history, natural resources, character of 
population, wealth, domestic animals, livestock products, production 
of crop wealth, organizations and cooperative enterprises, rural credits, 
markets, improved public highways, railway facilities, schools, public 
health and sanitation, churches and Sunday schools, and the farm 
home. See Syllabus of Home-County Club Studies, The University 
of North Carolina Record, No. 121, September, 1914. Extension 
Series No. 9. 

Interest in the course will be greatly stimulated if a trip to Wash- 
ington, to your State capital, to your county courthouse, to the city 
hall, or to any nearby public institution can be arranged. 

Each student should be encouraged to read such books as : 

Uncle Sa7n\s Modern Miracles, by W. A. Du Puy. Frederick A. Stokes, 
New York City, 1914. Price .|1.25. 

The American Government, by F. J. Haskin. J. B. Lippincott Company, 
Philadelphia, 1912. Price $1.00. 

Each student should be encouraged to subscribe to a weekly maga- 
zine of political events sucli as : 

The Literary Digest, New York City ($3.00). 
Current Events, Springfield, Mass. (40 cents). 

These magazines usually give club rates at about half price. 

The following reference books should be in the school library : 

Cyclopedia of American Government, by McLaughlin and Hart. D. Apple- 
ton and Company, New York, 1914. 3 vols. Price 122.50. 

452 



SUGGESTIONS 453 

The American Year Book, a record of events and progress. D. Apple- 
ton and Company, New York. Price |3.50. 

The World Almanac, Press Publishing Company, New York. Price 25 
• cents. Postage 10 cents. 

The Manual, Legislative Hand Book, or Blue Book of your State. This 
manual contains such valuable information as the State constitutions, 
list of State and local officers, and election returns. It can usually be 
obtained free from the Secretary of your State. 

The Congressional Directory, which contains a short biography of each 
congressman, a list of congressional committees, maps of States 
showing congressional districts, and a list of the administrative depart- 
ments and bureaus and the duties of the officers thereof. A free 
copy can be had through your congressman. 

The Statistical Abstract of the United States. Issued annually by the 
Department of Commerce, Washington, D. C. Free through con- 
gressman. 

Meader''s Guide to Periodical Literature. This index will be useful only 
in case your library contains bound volumes of magazines. 

The American Political Science Peview,' Chester Lloyd Jones, University 
of Wisconsin, Madison, Wis. Price $3.00 per year. 

The national Municipal Beview, Philadelphia, Pa. Price |5 per year. 
This will be useful to city schools. 

The teacher should have one of the following text-books to nse as 
a hand-book in connection with tliis course : 
American Government and Politics, by Charles A. Beard. Macmillan, 

New York, New and Eevised Edition, 1914. Price $2.10. 
The New American Government and its Work, by James T. Young. 

Macmillan, New York, 1915. Price |2.25. 



APPENDIX III 

GOYEENMENT PKIiSTTIXG OEFICE 

Superintendent of Documents 
Washington 

PUBLIC DOCUMENTS 

Every American should be interested in the publications that 
emanate from this Office, for public documents are the history of the 
country. While a small proportion of the issues might be obtained 
without cost through the friendship of public men, by far the larger 
part must be purchased, and nearly everyone interested in the litera- 
ture of the United States prefers to pay for what he desires, rather 
than to be under obligation for small fav^ors. Because of this it 
may be desirable to give the widest possible publicity to the fact that 
public documents can be purchased from the Superintendent of Docu- 
ments, Government Printing Office, at a nominal cost. Price lists, 
indicating the subjects covered, may be obtained free, upon applica- 
tion in person or by mail. Among them are the follow^ing : ^ 

1 Lists 1 to 9, 12 to 14, etc. are omitted because they are out of print. 

The character of the price lists may be better understood by an illustration. 
Price List 45, entitled Public Roads Office, lists about one hundred reports, 
bulletins, and circulars, which sell for five or ten cents each. The following 
titles are typical : Construction of macadam roads ; Sand-clay and earth 
roads in the Middle West ; Dust prevention and road preservation ; Bitumens 
and their essential constituents for road construction and maintenance ; Ex- 
amination and classification of rocks for road building, including physical 
properties of rocks with reference to their mineral composition and structure ; 
Road-making material in Arkansas; Public roads of Alabama (and each of 
the other states) ; Laws of certain states relating to the use of wide tires; 
Notes on the use of convicts in connection with road building ; Descriptive 
catalog of road model exhibit; Proceedings of National Good Roads Conven- 
tion ; and Historical and technical papers on road building in the United 
States. 

454 



GOVERNMENT PRINTING OFEICE 



455 



PRICE LISTS 



10. 

11. 
15. 
16. 



18. 
19. 
20. 
21. 
24. 
25. 



28. 
31. 
32. 

33. 

35. 
36. 

37. 

38. 
40. 



Laws of the United States. 

Food and diet. 

Geological Survey publications. 

Farmers' bulletins, Reports, 
and Yearbooks of the Agri- 
culture Department. 

Engineering : Mechanics. 

Army and Navy. 

Lands. 

Fishes. 

Indians. 

Transportation, publications of 
Interstate Commerce Com- 
mission, and other docu- 
ments on roads, railroads, 
inland waterways, and ship- 
ping. 

Finance. 

Education. 

Noncontiguous territory and 
Cuba. 

Labor questions. 

Geography and explorations. 

Periodicals published by vari- 
ous Government bureaus. 

Tariff. 

Animal Industry. 

Chemistry Bureau, publica- 
tions on chemical analysis 
of food and druo;s. 



41. Entomology Bureau, publica- 

tions on insects. 

42. Experiment Stations Office, 

publications on farmers' in- 
stitutes and extension work, 
and nutrition, drainage and 
irrigation investigations. 

43. Forest Service, publications on 

trees, lumber, wood preser- 
vation, and forest manage- 
ment. 

44. Plant life. 

45. Public Roads Office. 

46. Soils. 

47. Crop statistics, Agriculture De- 

partment. 

48. Weather Bureau. 

50. American history. 

51. Health and hygiene. 

^. Maps published by various Gov- 
ernment bureaus. 

54. Political economy. 

55. National Museum publications. 

56. Smithsonian Institution publi- 

cations. 

57. Astronomical papers. 

List of Library of Congress publi- 
cations. 



The foregoing by no means embrace all the subjects treated in 
public documents. If you fail to see here what you want, send your 
inquiries to the — 

SUPERINTENDENT OF DOCUMENTS, 

Government Printing Office, 

Washington, D. C. 



INDEX 



References are to pages 



Adjutant-General, office of, 151. 

Administrative departments. 
See Departments, administrative. 

Admiralty jurisdiction, 441, 441 
note. 

Admission of new States, 241 , 242, 
443. 

Advertisements, regulation of polit- 
ical, 238. 

Agricultural colleges, 400. 

Agricultural demonstration, 409, 
410. 

Agriculture, aids to, 12, 14, 15 ; de- 
partment of, 12, 14, 167, 171-173; 
secretary of, 171. 

Alabama, constitutional amendment 
process, 244 note ; legislature, 254 ; 
governor, 267 ; court of county com- 
missioners, 305 ; county officers, 311 ; 
village government, 327; grand 
jury, 284 note ; suffrage restrictions, 
354 note, 360 note ; direct primary, 
368 note ; educational rank, 411. 

Alaska, territorial government of, 
218, 219, 230, 232 note; government 
railroad in, 26 (2), 126 (13), 219; 
woman suffrage, 355. 

Aliens, admitted to suffrage, 354. 

Ambassadors, appointment, 129, 
439 ; duties, 130 ; immunities, 131 ; 
cases affecting, 194, 441; foreign, 
114. 

Amendments, of federal constitu- 
tion, 48, 49, 443; first ten, 209, 445- 
447; First, 210, 215 (7); Fifth, 207, 
208; Tenth, 255; Eleventh to Thir- 
teenth, 447-449 ; Fourteenth, 43 note, 
207, 210, 343, 352 note, 363 (2 and 
4), 449, 450; Fifteenth, 361, 363 (2), 



451; Sixteenth, 79, 451; Seven- 
teenth, 61, 363 (2), 451; equal suf- 
frage advocated by, 355; prohibi- 
tion advocated by, 422. 

Amendments, of state constitutions, 
242-245, 250 (8), 380. 

Animal Industry, Bureau of, 171, 
172, 

Annapolis, convention of, 34; naval 
academy at, 157, 

Anti-federalists, party, 36, 37. 

Anti-trust LavT", 74, 75. 

Appeals, Circuit Courts of, 193, 196, 
202. 

Appeals, Court of Customs, 193, 200, 
202. 

Appeals to Supreme Court, 196 
note, 200, 223, 441. 

Appeals in State courts, 279, 280; 
in civil cases, 291 ; in criminal cases, 
298. 

Appointments, to office, federal, 62, 
111-114, 201 note, 439; state, 271; 
city, 333, 336, 338, 340. 

Apportionment, for Congress, 56, 
430, 450 ; for state legislatures, 252, 
253. 

Appropriations, national "budget," 
97-99 ; power of President over, 118, 
230; power of governor over, 272; 
federal limitations on, 435, 436. 

Arizona, constitutional amendment 
process, 244 note ; legislature, 254 ; 
governor, 267 ; board of supervisors, 
305; county officers, 311; suffrage 
restrictions, 354 note ; woman suf- 
frage, 355 ; direct primary, 368 note ; 
initiative, referendum, and recall, 
380; educational rank, 411. 



INDEX 



References are to pages 



Arkansas, constitutional amend- 
ment process, 244 note ; legislature, 
254; governor, 267; levying court 
and county judge, 303, 305; county 
officers, 311 ; townships, 319 note ; 
suffrage restrictions, 354 note ; regis- 
tration, 365; direct primary, 368 
note; initiative and referendum, 
380; educational rank, 411. 

Arms, right to keep and bear, 445, 
445 note. 

Army, United States, power of Con- 
gress over, 42; appropriation for, 
141, 156, 435; commander-in-chief 
of, 151, 189; organization and func- 
tion, 153-155; employment for, 230. 

Army Medical Corps, 5 note. 

Army War CoUeg-e, 151-154. 

Arrest, warrant for, 294; exemption 
from, 432. 

Arson, 293. 

Articles of Confederation, 31, 34, 
37 ; distinctive features of, 32. 

Ashtabula ballot, 378. 

Assembly, name of lower house in 
State legislatures, 252. 

Assessments, state and local, 387 ; 
special, 387-389. 

Assessor, county, 313. 

Associate Justices of Supreme 
Court, picture of, frontispiece ; 
duties of, 197. 

At larg-e, meaning of, 58 note. 

Attainder, bill of, 206, 436, 437, 
442. 

Attorney, federal prosecuting, 159; 
federal district, 201 ; state i^rosecut- 
ing, 295, 308, 310, 311. 

Attorney-General, federal, 188; 
State, 268, 274. 

Auditor, State, 268, 274 ; county, 310- 
312. 

Australian ballot, 371-374. 

Bail, 210, 212, 295 note, 447. 

Ballot, presidential, 108, 448; New 

Jersey primary, 370; New Jersey 

official, 373; Australian, 371-379; 

city, 376-378 ; Short Ballot Reform, 

374-379. 



Baltimore, sewage disposal system, 
344. 

Bankruptcy, 80; meaning of, 434 
note ; power of Congress over, 434. 

Banks, postal savings, 16; national, 
82, 183, 184; federal reserve, 184, 
186; farm loan, 186-187; federal 
ownership advocated, 231. 

Bill of attainder, 206, 436, 437. 

Bill of rights, English, 25, 209 note ; 
federal, 37, 209; State, 210, 242, 255 
note. 

Bills, in Congress, 94, 95, 433 ; Under- 
wood-Simmons, traced, 95-97; in 
State legislatures, 254, 258, 259. -See 
Appropriations. 

Board, Federal Reserve, 141, 185; 
Federal Farm Loan, 141, 186; Na- 
tional Advisory, 165 (7) ; United 
States Shipping, 188; of General 
Appraisers, 200 note ; of supervisors, 
303; of county commissioners, 306; 
of selectmen, 316, 318, 320. 

Boards, county, 303 ; table of, 304, 305. 

Borough, 28 note, 327. 

Boys' Corn Clubs, 409. 

Breach of the peace, 432. 

Bribery, 440. 

" Budget," national, 97-99, 229, 230. 

Bureaus of executive depart- 
ments, navy, 156 ; interior, 167-171 ; 
agriculture, 171-173; commerce, 
173 ; labor, 174-176. 

Bureaus, State legislative reference, 
258, 259. 

Burg-lary, 293. 

Business taxes, 388. 

By-laws, 247. 

Cabinet, apponitment of, 120, 121; 
meetings, 121,122; terms of officers, 
113: State, absence of, 268, 269. 

California, constitutional amend- 
ment process, 244 note ; legislature, 
254 ; governor, 267 ; board of super- 
visors, 305; county officers, 311; 
county charters, 326 (7) ; townships, 
319 note ; suffrage restrictions, 254 
note, 360 note : direct primary, 368 
note; woman suffrage, 355; initia-^ 



INDEX 



References are to pages 



tive, refereuduni, and recall, 380; 
educational rank of, 411. 

Campaig-n, political, funds for, 236, 
237; expenditure, 237, 238; local 
methods, 366. 

Canals, federal power to construct, 
82, 118 ; Panama, 223 ; Panama tolls, 
118 note. 

Candidates, presidential, nomina- 
tion of, 107. See Convention, and 
Primary, direct. 

Capital punishment. State law, 292, 
293 (2) ; English, 299. 

Capitals, State, 267. 

Capitation tax. See Poll Taxes. 

Caucus, federal legislative, 100; 
State legislative, 257 ; New England 
town, 316 ; political, 367. 

Census, cost, contents, and impor- 
tance, 9, 10; Bureau of, 173; consti- 
tutional provision, 430. 

Chairman. See Committee, na- 
tional; State. 

Charities, city federated, 426 (1). 

Charter, colonies, 29; village, 328; 
city, home rule, 341 ; Galveston, 335, 
Dayton, 339. 

Checks and balances, system of, 
47; criticism of, 47, 

Chemistry, Bureau of, 173. 

Chief Justice of Supreme Court, 
197, 431 ; picture of, frontispiece. 

Child labor, Act of 1916, 74. 

Children's Bureau, 176. 

Chisholm vs. Georgia, 194 note. 

Cincinnati University, industrial 
training in, 406. 

Circuit courts, federal, abolished, 
196 note; State, 279. 

Circuit Courts of Appeals, federal, 
193, 196. 

Cities, defined, 330; growth of, 330; 
government of, 330-348, 380 note; 
council-mayor type, 331-334; com- 
mission type, 334-338 ; manager type, 
338-340 ; mayor, 333, 336, 340 ; coun- 
cil, 255, 331-335, 338; ordinances, 
247, 332, 335, 339; home rule, 341; 
problems of, 341, 351, 400; taxes in, 
388; industrial training in, 405. 



Citizens, defined, 24 note ; privileges 
and immunities of, 45, 442, 449 ; con- 
troversies between, 194, 447. 

Citizenship vs. suffrage, 352; 
qualifications for federal office, 429, 
431. 

Civil procedure. See Procedure, 
civil. 

Civil rights, defined, 206; beyond 
control of Congress and States, 206 ; 
beyond control of Congress, 208 ; 
beyond control of States, 209: be- 
yond control of State legislatures, 
210 ; religious liberty, 210 ; freedom 
of speech and press, 211 ; right to 
assemble and to petition, 211; ha- 
beas corpus, 212. 

Civil service, reform advocated, 229 ; 
city provisions for, 337, 339. 

Civil Service Commission, 182. 

Civil service rules, 183. 

Claims, Court of, 193,199, 202. 

Clerks, of federal courts, 202; of 
State courts, 291 ; county, 310-312 ; 
town, 318; village, 329. 

Cleveland, three-cent fare, 343, 344; 
short ballot, 377. 

Coast Guard Service, 136 note, 140 
note. 

Coins, currency, 142-144; purchase 
of metal for, 143; subsidiary, 144; 
minor, 144; profit on, 137 note; 
constitutional provisions, 434, 437. 

Colonial government in America, 
28, 29. 

Colonies of the United States, 
216, 225. 

Colorado, constitutional amendment 
process, 244 note; legislature, 254; 
governor, 267 ; board of commis- 
sioners, 305; county officers, 311; 
suffrage restrictions, 354 note ; wo- 
man suffrage, 355 ; direct primary, 
368 note; initiative, referendum, 
and recall, 380; educational rank, 
411. 

Commander-in-chief, power of 
President as, 151, 158, 189, 489; 
power of governor as, 269. 

Commerce, aids to, 10; foreign, 70, 



INDEX 



Beferences are to pages 



386; interstate, 70, 386; interstate 
commission, 73-75 ; federal regula- 
tion of, 70-75, 434, 436; tonnage, 
386. 

Commerce, department of, 173 ; sec- 
retary of, 173. 

Commission, 179-190. See Interstate 
Commerce, District of Columbia, 
Civil Service, Federal Trade, and 
Tariff. 

Commissioner, of Indian affairs, 
169; of Porto Rico, 221. 

Commissioners, district court, 202 ; 
of the Philippines, 223 ; county board 
of, 304, 305 (table). 

Commission government, advo- 
cated for States, 261, 262 ; of cities, 
331-338, 341; Galveston, 334-336; 
Des Moines, 336-338. 

Commissions, President's power to 
grant, 440. 

Committee (party). National, 227, 
232, 235-237; Congressional Cam- 
paign, 236; State, 227, 232, 236; 
local, 236. 

Committees, in Congress, 92-94; 
clerks of, 64 ; Ways and Means, 93, 

95, 96, 97, 99 note, 190 ; of the Whole, 

96, 96 note ; appropriating, 98. 
Committees of National Conven- 
tion, 234. 

Committees, State legislative, 257 ; 

city council, 332. 
Common law, 247, 248, 447. 
Common Pleas Courts, 279. 
Compensation, of congressmen, 63, 

432, 439; of federal judges, 201, 202, 

440; of State legislators, 253, 254; 

taking property without just, 255 

note, 446. 
Comptroller, of the Treasury, 141 ; 

of the Currency, 145, 185 ; State, 274. 
Compulsory education, 395. 
Concurrent powers, 41 note, 51. 
Concurrent resolutions, 433, 434. 
Concurrent jurisdiction, 198. 
Confederation, American, 31, 40; 

Articles of, 31, 34, 37. 
Conference of Governors, 273-274. 
Congress, First Continental, 30, 31, 



37 ; Second Continental, 31, 37 ; Con- 
federate, 31. 

Congress, United States, 53-65; 
composed of two houses, 53-55; 
sessions of, 55; House of Repre- 
sentatives, 56-61; Senate, 61-(33; 
compensation of members, 6-3-64 ; 
convenes, 65, 89; number of, ^&, 67 ; 
sole powers, 47, 65 ; powers of, 69- 
84; in action, 89-100; rules of pro- 
cedure, 91 ; investigations for, 188, 
190; restrictions on, 208-210; ad- 
journment, 432, 440; constitutional 
provisions, 429-437 ; searchlight on, 
101, 265 (9). 

Congressional Campaign Com- 
mittee, 236. 

Congressional Record, 95 ; reprints 
of, 64 note, 67 (7), 

Congressional townships, 321. 

Connecticut, colonial government 
of, 29-30; ratified federal constitu- 
tion, 37 note ; colonial charter, 241 ; 
constitutional amendment process, 

244 note ; legislature, 254 ; governor, 
267; board of ' commissioners, 304; 
county ofl&cers, 310; boroughs and 
townships, 327; suffrage restric- 
tions, 354 note, 360; educational 
rank of, 411. 

Constitutional Convention, fed- 
eral, 34-36; State, 241. 

Constitution, United States, origin 
of, 28-38 ; ratification of, 37 note ; 
methods of amending, 48, 49, 231 
(14), 443; interpretation of, 49, 69, 
82; supremacy of, 43, 246, 247, 
444. 

Constitutions, State, 241-248 ; origin 
of, 241 ; analysis of, 242 ; revision of, 
242-245, 250 ; present tendencies, 

245 ; authority of, 246, 247. 

Consular jurisdiction, 132. 

Consuls, appointment of, 131 ; func- 
tions of, 9, 132 ; cases afifecting, 197, 
441. 

Continental congresses, 30, 31, 37. 
Contract labor, exclusion of, 175. 
Contracts, obligations of, 209, 437. 
Convention, Cook county, 367 note. 



INDEX 



References are to pages 



Convention, federal constitutional, 
34, 443; national party, 231-235, 367. 

Conventions, State constitutional, 
242 ; present tendencies of, 245 ; 
authority of, 246-248 ; New Jersey 
party, 383 (7). 

Copyrights, power of Congress over, 
42, 435; defined, 81; foreign, 170 ; 
register of, 190 note. 

Coroner, 309-311 ; 282 note. 

Corporations, federal tax on, 78 ; 
contributions to campaign funds, 
237 ; 289 note. 

Cost of living, advance in, 147 ; So- 
cialist proposal for reducing, 230. 

Council, village, 328 ; city,' 331-333, 
335, 338. 

County, relation to State, 247, 255, 
301 ; origin of, 301 ; functions of, 
301 ; boards, 303-305 ; officers, 307- 
313 ; county township system, 319- 
321 ; taxes, 387. 

County courts, 279 ; judges of, 310- 
311. 

Court of Claims, 193, 199, 202. 

Court of Customs Appeals, 193, 
200, 202. 

Court of Small Claims of Chicago, 
288. 

Courts, federal, 193-202 ; District 
Courts, 195, 201 ; Circuit Courts of 
Appeals, 196, 201 ; Supreme Court, 
197 ; special, 19^^201. 

Courts of Appeals, State, 279. 

Courts, State, 278-286 ; dual system, 
278 ; organization, 278-282 ; Jus- 
tices', 278, 284; judges, 282 ; juries, 
282-286. 

Crimes, definition, 292 ; felonies, 278 
note, 292 ; misdemeanors, 278 note, 
293, 294 ; constitutional provision, 
440, 441, 446. 
Criminal procedure, 294-298, 444. 
Critical period, 32-34. 
Currency, federal, 142-146 ; paper, 

144-146 ; metallic, 142. 
Customs duties, 77, 78, 137-140, 434. 

Dead letter office, 163. 
Debt. See Public debt. 



Declaration of Independence, 31, 

37. 

Decree, in equity, 292. 

Deed, of conveyance, 324 note. 

Defendant, 199, 199 note. 

Defense, 429, 434. 

Dela"ware, colonial government of, 
29, 30 ; ratified federal constitution, 
37 note ; legislature, 254 ; governor, 
267 ; board of commissioners, 304 ; 
county "officers, 310 ; constitutional 
amendment process, 244 note ; hun- 
dreds, 319 note ; suffrage restric- 
tions, 354 note, 360 note ; educational 
rank, 411. 

Delegates, territorial, 218, 219; to 
national convention, 232 ; House of, 
252 ; to State conventions, 242. 

Democratic party, platform, 229, 
358; finance, 236, 237. 

Departments, executive, 127-190; 
heads of, 121 ; constitutional provi- 
sion, 439. 

Depositions, 291. 

Des Moines, commission govern- 
ment in, 336-338. 

Diplomatic Service, 129-131. 

Direct legislation, 261, 379. 

Direct primary. See Primary, 
direct. 

Direct taxes, 276, 277. 

District attorney, federal, 201 ; 
State, 295, 308, 310, 311. 

District courts, federal, 193-195, 
202 ; commissioners for, 202 ; State, 
279. 

District of Columbia, power of 
Congress over, 81, 179-181, 232 note ; 
commission for, 179 ; government of, 
179-181 ; receipts of, 137 note ; ap- 
propriation for, 98 note, 141 ; con- 
stitutional provision, 435. 

Domestic Relations Courts, 280. 

Due process of law, 207, 208 note, 
210, 446, 449. 

Duties, 434, 436, 437. See Taxes. 

Education, expenditure for, 8 ; 
United States Bureau of, 169 ; State 
superintendent of, 274 ; public, 394r- 



INDEX 



References are to pages 



412 ; elementary, 394-398 ; compul- 
sory, 395 ; year-round schools, 396 ; 
Gary plan, 396 ; secondary, 398 ; high 
schools, 358, 397-399 ; higher, 400-402 ; 
map of institutions of higher, 401 ; 
coeducation, 400; administration of 
schools, 402 ; revenue for, 403 ; in- 
dustrial, 404-410 ; rank of States, 
410-411 ; student loan funds, 414 | 
(9). 
Elastic clause, 82. See also "Nec- 
essary and proper clause." 
Election, of representatives, 57-00, 
431 ; of senators, 61, 451 ; of presi- 
dent, 104-109, 438. 
Electors, meaning of, 429 note ; presi- 
dential, 104-109, 437, 438, 448, 450. 
Ellis Island, 6, 174, 176. 
Embassy, 1,30, 131. 
Emergency fund, federal, 133. 
Eminent domain, 83, 83 note, 351 

(15). 
Employees, federal, 112, 113. 
Engraving- and Printing, Bureau 

of, 144, 162. 
Enlistments, regular army, 153, 154; 

national guard, 154; navy, 157. 
Equalization of taxes, 390. 
Equal protection of the laws, 210, 

449. 
Equity, origin and character, 289 ; 

suit in, 291. 
Excises, 76, 77, 434, 449. 
Executive, president, 46, 104-124, 437, 
439; federal departments, 127-190 ; 
governor, 266-274. 
Export taxes, prohibited, 76, 386, 

437. 
Ex post facto law, 206, 436, 437. 
Extradition, 46, 442. 
Extra legal, defined, 228 note. 

Farm loan banks, federal, 141, 
186. 

Federal Advisory Council, 185. 

Federal courts. See Courts, fed- 
eral. 

Federal law, supremacy of, 43, 444; 
relation to State law, 246, 247, 278, 
441. 



Federal Reserve Act, 184; board, 
185. 

Federal reserve banks, 184, 185. 

Federal Trade Commission, 187, 
188. 

Federalist, The, 36. 

Federalist party, 36, 37. 

Feeble-minded, care of, 418. 

Felony, defined, 292; 278 note, 4-32, 
435. 

Feminism, 360. 

Filibuster, 91. 

Finance, party, 236-238; State, 384- 
392. See Taxes. 

Fines, 294, 447, 

Florida, constitutional amendment 
process, 244 note ; legislature, 254 ; 
governor, 267 ; board of commis- 
sioners, 305 ; county officers, 311 ; 
suffrage restrictions 354, note ; di- 
rect primary, 368 note ; educational 
rank, 411. 

Foreign affairs. See State depart- 
ment ; also Treaties. 

Foreign commerce, 70, 132, 386, 
434. 

Foreign possessions, Porto Rico, 
21t)-221; Philippines, 221-223; Pan- 
ama, 223-225; Guam, Samoan, 
Wake, Midway, Rowland, Baker, 
Guano, St. Thomas, St. Croix, St. 
John, 225. 
Franking privilege, 64, 68 (13), 

161-162. 
Fraud order, 163. 
Freedom of speech, 211, 214 (5 and 
6) ; in Congress, 64, 432; in States, 
255 note. 
Full faith and credit clause, 44, 
442. 

Galveston, commission government 

in, 335, 336. 
General Assembly, 251. 
General Board, navy, 158. 
General Court, New Hampshire and 

Massachusetts, 251. 
General Land Office, 167. 
General property tax, 387-392. 
General Staff, 152, 153. 



INDEX 



References are to pages 



Geological survey, federal, 168, 

Georgia, colonial government of, 29, 
30; ratified federal constitution, 37 
note ; constitutional amendment 
process, 244 note; legislature, 254; 
governor, 267 ; grand jury, 283 note ; 
ordinary, 305 ; county officers, 311 ; 
militia districts, 319 note ; suif rage 
restrictions, 354 note, 360 note; 
direct primary, 368 note; educa- 
tional rank, 411. 

Gerrymandering, original, 60; in 
congressional districts, 59, 60 ; in 
State legislative districts, 253, 

Girls' Canning Clubs, 410. 

Gold, coins, 142; purchase of, 143; 
standard, 146; relation to prices, 
147 ; legal tender, 209, 437. 

Government, defined, 24, 383 (8); 

- importance of, 1-16; creation of a, 
1; cost of national. State and local, 
2; how borne, 2; increased cost of, 
3; benefits of, 3-16; ownership, 23, 
24; republican form of, 24, 25, 352 
note, 443; democratic, 25 ; colonial, 
28-30 ; federal system of, 40-50 ; con- 
federate, 40; county, 301-314; city, 
330-348. 

Government Printing- Office, 190. 

Governor, colonial, 266, 268; State, 
266-274 ; term and salary, 267 ; table 
of State governors, 267; executive 
powers of, 268-271 ; messages, 271 ; 
power to call extra sessions of legis- 
lature, 272 ; veto power, 272 ; par- 
doning power, 272, 273. 

Governor, of Hawaii, 217; Alaska, 
218; Porto Rico, 220; Panama, 225; 
-General of Philippines, 222, 

Governors' Conference, 273. 

Grandfather clauses, 361. 

Grand jury, 282-284, 446. 

Greenbacks, 144. 

Habeas corpus, defined, 436 note ; 

writ of, 45, 111, 210, 212, 255 note^ 

436. 
Hawaii, territorial government of, 

216-218, 230, 232 note. 
Health, federal protection to, 5; 



State protection, 7; county protec- 
tion, 7; city protection to, 7, 346- 
348; United States Public Health 
Service, 136 note, 422; conservation 
of, 422-425. 

High schools, enrollment, 358 ; sec- 
ondary education, 397-399; agricul- 
tural, 407-409; Farragut School, 
407-409 ; student government in, 414 
(4); trip, 415 (13). 

Home rule, for cities, 341; for 
prisoners, 427 (5). 

Hospitals, county, 306, 307; town- 
ship, 315; for insane, 417. 

House of Representatives, federal, 
35, 53, 56-(il ; membership, 56 ; elec- 
tion of, 57, 65 ; floor plan, 57 ; quali- 
fication of members, 60-61, 65; 
term of, 57, 65; speaker, 65, 89; or- 
ganization of, 89 ; rules of procedure, 
91,92; committees of , 92-94 ; journal 
of, 95 ; first woman member, 430 
note ; constitutional provisions , 429- 
434, 448, 450. 

House of Representatives, State, 
28 note; membership, privileges and 
immunities, term, and salary, 252- 
254 ; sessions of, 253, 254 ; powers 
of, 255 ; organization of, 256 ; com- 
mittees of, 257, 258. 

Idaho, constitutional amendment 
process, 244 note ; constitution, 265 
(13) ; legislature of, 254 ; governor, 
267; board of commissioners, 305; 
county officers, 311 ; suffrage re- 
strictions, 354 note ; woman suf- 
frage, 355 ; direct primary, 368 
note; initiative, 380; educational 
rank, 411. 

Illinois, constitutional amendment 
process, 244 note; legislature, 254; 
governor, 267 ; legislative power of 
governor, 271 ; board of supervisors, 
304; board of commissioners, 304; 
county officers, 310 ; county-town- 
ship conflict, 320; suffrage restric- 
tions, 354 note ; woman suffrage, 
355 ; direct primary, 368 note ; edu- 
cational rank, 411. 



INDEX 



References are to pages 



Illiteracy, 9, 10 note. 

Immigration, Bureau of, 174, 175; 
Ellis Island, 6; regulation of, 42; 
number arriving, 178 (8) ; receipts 
from tax on, 137 note 

Impeachment, by House of Repre- 
sentatives, 65; trial by Senate, 63; 
of judges, 201, note; officers subject 
to, 430 note ; constitutional provi- 
sions, 430, 431, 439, 440, 441. 

Implied powers of Congress, 82- 
84. 

Imports, taxes on, 77, 78, 137-140, 
434; tax on by States prohibited, 
386, 437. 

Inauguration of President, 37, 38. 

Income taxes, federal amendment, 
79, 451; revenue from, 137; State, 
revenue from, 389. 

Incorporation of villages, 327, 328. 

Indiana, constitutional amendment 
process, 244 note ; legislature, 254 ; 
governor, 267 ; jury, 297 note ; board 
of commissioners and county coun- 
cil, 304; county officers, 310; suf- 
frage restrictions, 354 note ; educa- 
tional rank, 411. 

Indians, Commissioner of Affairs, 
169; expenditure for service, 141; 
power of Congress over, 434. 

Indictment, true bill of, 283, 295; 
constitutional provision, 446. 

Indirect taxes, 277. 

Industrial education, 404-410; im- 
portance of, 404 ; in cities, 405 ; in 
country, 406; high school, 407; 
demonstration, 409 ; corn clubs, 409 ; 
canning clubs, 410; toy making, 
415 (14) ; Wisconsin continuation 
schools, 415 (15). 

Inequalities before the law, 212. 

Inheritance taxes, federal, 79; 
State, 391. 

Initiative, State, 260, 261 ; advocated 
by political parties, 230, 231 ; con- 
stitutional amendment by, 244, 245, 
250; city, 337, 340; progress of, 
.380. 

Injunction, 289. 

Insane, in hospitals, 7, 417. 



Interior, Department of, 167-171. 

Internal revenue, 138. 

International Bureau of Ameri- 
can Republics, 190. 

International relations, 127-1 ;34. 

Interstate commerce, 70-75, 434. 

Interstate Commerce Commis- 
sion, 73, 183. 

Iowa, constitutional amendment, 244 
note ; legislature, 254 ; governor, 
267; board of supervisors, 304; 
county officers, 310; suffrage re- 
strictions, 354 note ; direct primary, 
368 note ; educational rank, 411. 

Irrigation, federal projects, 14, 15; 
by Reclamation Bureau, 168; advo- 
cated, 229, 231 ; by cities, 344, 345. 

Joint resolutions, 118 note, 433. 

Journal of the House of Repre- 
sentatives. 95, 432. 

Judge-Advocate-General, 152. 

Judges, city, how chosen, 333, 336 
note; Judge Lindsey, 280. 

Judges, federal, appointment of, 
200 ; salary, tenure, retirement, 201 ; 
impeachment of, 201 note ; appoint- 
ments by, 202; for territories, 201 
note; district, 195; circuit, 196; of 
Supreme Court, 197 ; of special 
courts, 199, 200. 

Judges, State, 282. 

Judges, territorial, 217, 219, 221, 
223. 

Judgment, 291. 

Judicial circuits, map of, 197. 

Judicial department, federal, 47, 
193-203; of Hawaii, 217 ; of Alaska, 
219; of Porto Rico, 221; of Philip- 
pines, 223. 

Judicial officers. State, 307. 

Judiciary, federal, constitutional 
provisions, 42, 435, 440; supremacy 
of, 44 ; organization and functions, 
193-202. 

Judiciary, State, 278-298. 

Juries, federal, 441, 44(), 447; State, 
282-286, 289; grand, 282-284; petit 
(trial), 284 ; coroner's, 309, 282 note ; 
justices', 284. 



INDEX 



References are to pages 



Jurisdiction, defined, 193 note, 278 
note ; consular, 132 ; of federal 
courts, 193, 435, 441 ; admiralty and 
maritime, 193, 441 ; original, 195 
note; federal district courts 195 
note; concurrent, 198. 

Jiirors, selection of, 285, 286. 

Jury, guarantee of trial by, 210, 255 
note,. 441, 441 note, 446, 447. 

Just compensation, 446- 

Justices' courts, 278, 279, 284. 

Justice, delay of, 213. 

Justice, Department of, 159-160; 
Attorney-General, 159, 188 ; federal 
prisons, 160 ; secret service, 160. 

Justices of the peace, 278, 280, 284, 
303, 329. 

Juvenile courts, 215 (8), 281. 

Kansas, constitutional amendment 
process, 244 note; legislature, 254; 
governor, 267 ; commission govern- 
ment recommended, 261, 262 note; 
board of commissioners, 304; county 
officers, 310; suffrage restrictions, 
354 note; woman suffrage, 355; di- 
rect primary, 368 note; recall, 380; 
educational rank, 411. 

Kentucky, constitutional amend- 
ment process, 244 note ; legislature, 
254; governor, 267; fiscal court, 
305 ; county officers, 311 ; justices 
of the peace, 303 ; suffrage restric- 
tions, 354 note; magisterial districts, 
319 note ; direct primary, 368 note ; 
educational rank, 411. 

Labor, Department of, 174-176. 

Larceny, 293. 

La-w, supremacy of federal, 43; su- 
preme, 246, 444 ; relative rank of, 
246-248; common, 247, 248; of na- 
tions, 435 (10) ; due process of, 207, 
208 note, 210, 446, 449. 

Legal tender, 144; gold and silver, 
209, 437. 

Legation, 131. 

Legislation, social, 417-425. See 
Social legislation. 



Legislative department, federal, 
46, 5.3-100, 429; State, 251-262. 

Legislative Reference Bn.reau, 
258, 259. 

Legislatures, State, 251-262, 268; 
table of, 254; powers of, 255; bills, 
258 ; organization of, 256-258 ; lobby- 
ing, 259. 

Legislatures, territorial, of Hawaii, 
217 ; of Alaska, 219 ; of Porto Eico, 
221 ; of the Philippines, 222. 

Liberty, 207, 446, 449; religious, 210, 
255 note, 445. 

Libraries, public, 8, 307, 346. 

Library of Congress, 190. 

Lieutenant-governor, 274, 276 (5) , 
257. 

Lincoln, President, 111, 122. 

Liquor, C. O.D. shipments of, 74; 
prohibited shipments of, 74; federal 
tax on, 137; excluded from the 
mails, 163 ; prohibition of in Alaska, 
219 ; Prohibition Party platform, 
230; license, 387-389, 419; traffic 
regulated, 419-422; dispensary sys- 
tem, 419; local option, 420; prohibi- 
tion map, 421 ; state-wide, 420-421. 

Lobbying, 102 (2), 259, 359. 

Local option, 420. 

Log-rolling, 98, 99. 

Los Angeles, water system, 344; 
policewomen, 346; high schools, 
414 (4) . 

Louisiana, constitutional amend- 
j ment process, 244 note ; common 
law, 248; legislature, 254; gover- 
nor, 267 ; parishes, 301 note ; police 
jury, 305; parish officers, 311; 
wards, 319 note ; suffrage restric- 
tions, 354 note, 360 note ; direct pri- 
mary, 368 note; recall, 380; educa- 
tional rank, 411. 

Mail matter, prohibited articles, 
163; power of Congress over, 446, 
446 note. 

Maine, congressional election, 57 
note : constitutional amendment 
process, 244 note; legislature, 254; 
governor, 267; board of commis- 



10 



INDEX 



References are to pages 



sioners, 304; county officers, 310; 
village government, 327 ; suffrage 
restrictions, 360; direct primary, 
368 note ; initiative and referendum, 
380; educational rank of, 411. 

Manager, city, 338-340, 341 ; Dayton, 
339, 340. 

Mandamus, defined, 142 note. 

Manslaug-hter, defined, 293. 

Maritime jurisdiction, defined, 441 
note. 

Marque and reprisal, defined, 435 
note ; power of Congress over, 84, 
435, 437. 

Marriag-e law, Wisconsin, 52; uni- 
form laws advocated, 230; restric- 
tions, 418. 

Marshall, Chief Justice, interpreta- 
tion of federal Constitution, 69, 82. 

Marshals, United States, 201; vil- 
lage, 329. 

Maryland, colonial government in 
29, 30 ; ratified federal constitution 
37 note; constitutional amendment 
process, 244 note; legislature, 254 
governor, 267; board of commis 
sioners, 304; county officers, 310 
charter, 326 (7) ; suffrage restric 
tions, 354 note; referendum, 380 
educational rank, 411. 

Massachusetts, colonial govern- 
ment in, 29, 30 ; ratified federal con- 
stitution, 37 note; legislature, 254, 
258 ; governor, 267 ; State police, 
269; constitutional amendment pro- 
cess, 244 note ; board of commis- 
sioners, 304; county officers, 310; 
medical examiner, ,309: suffrage re- 
strictions, 354 note, 3()0; direct pri- 
mary, 368 note : industrial training 
in, 405; educational rank, 411. 

Mayor, village, 329; city, 333, 336, 
340. 

Medical corps of the navy, 5; 
army, 5. 

Mental defectives, care of, 417. 

Messag-e, President's, 116; gover- 
nor's, 271. 

Michigan, constitutional amendment 
process, 244 note ; legislature, 254 ; 



governor, 267 ; board of supervisors, 
304; county officers, 310; suffrage 
restrictions, 354 note; direct pri- 
mary, 368 note ; initiative and re- 
call, 380; educational i-ank, 411. 

Mileage allowance, 63; " construc- 
tive," 67 (10). 

Military Academy, United States, 
151 note. 

Military administration, 151, 152. 

Military (war) powers of Con- 
gress, 84, 435. 

Militia, 154, 269, 285, 435, 445. 

Milk, distribution of, 347. 

Ministers, diplomatic, 114, 131 ; cases 
affecting, 194, 441. 

Minnesota, constitutional amend- 
ment process, 244 note ; legislature, 
254; governor, 267; board of com- 
missioners, 304 ; county officers, 310 ; 
suffrage restrictions, 354 note ; di- 
rect primary, 368 note; educational 
rank, 411. 

Mints, 142. 

Misdemeanors, 288 note, 293, 299 (1) , 
440. 

Mississippi, constitutional amend- 
ment process, 244 note; legislature, 
243 note, 254; governor, 267; board 
of supervisors, 305 ; county officers, 
•311 ; supervisors' districts, 319 note ; 
suffrage restrictions, 354 note, 360 
note ; educational rank, 411. 

Missouri, constitutional amendment 
process, 244 note ; legislature, 254, 
260; governor, 267; judges of the 
county court, 305 ; county officers, 
311 ; townships, 319 note ; suffrage 
restrictions, 354 note ; direct pri- 
mary, 366 note ; initiative and refer- 
endum, 380; educational rank, 411. 

Moderator of tow^n meeting, 316. 

Monarchy, 24. 

Money, power of Congress over, 42, 
79, 80; legal tender, 144 ; paper, 144- 
146; greenbacks, 144; certificates, 
144; national bank notes, 145; fed- 
eral reserve notes, 145 ; coins, 142- 
144; constitutional provisions for, 
434, 435, 436. 



INDEX 



11 



References are to pages 



Monopolies, 24 ; ownership of natu- 
ral monopolies advocated, 230. See 
Trusts. 

Montana, constitutional amendment 
process, 2ii note; legislature, 254; 
governor, 267 ; board of commis- 
sioners, 305; county officers, 311; 
townships, 319 note ; suffrage re- 
strictions, 354 note ; woman suf- 
frage, 355 ; direct primary, 368 note ; 
initiative and referendum, 380 ; edu- 
cational rank, 411. 

Morals, protection to, 9. 

Municipal g-overnment. See City 
government. 

Municipal ownership, 343-347. 

Murder, defined, 292. 

National Advisory Board, 165 (7) . 

National banks, 183. 

National conventions, 231-235 ; 
choice of delegates, 232 ; represen- 
tation reduced, 232 note; meeting 
of, 233; reports of committees, 234; 
nomination of President, 234, 235. 

National museum, 190. 

National Voters' League, 67 (7), 
101, 265 (9). 

Naturalization, power of Congress 
over, 42, 434, 449; defined, 80; Bu- 
reau of, 175. 

Naval Academy at Annapolis, 157. 

Naval War College, 158. 

Navy, cost of establishment, 141, 156 ; 
cost of vessels, 165 (4) ; number and 
kinds of vessels, 158; Secretary of, 
156; General Board, 158; personnel 
of the, 157 ; constitutional provision, 
435. 

Navy Department, 156-158. 

Nebraska, constitutional amendment 
process, 244 note ; legislature, 254; 
governor, 267 ; board of supervisors, 
304; board of commissioners, 304; 
county officers, 310; suffrage re- 
strictions, 354 note ; direct primary, 
368 note ; initiative and referendum, 
380; educational rank, 411. 

" Necessary and proper " clause, 
42, 50, 82, 436. 



Neg-ro suffrage, 352, 361, 451. 

Nevada, constitutional amendment 
process, 244 note; legislature, 254; 
governor, 267 ; board of commis- 
sioners, 305; county officers, 311; 
townships, 219 note ; suffrage re- 
strictions, 354 note ; woman suf- 
frage, 355; direct primary, 368 note ; 
initiative, referendum, and recall, 
380; educational rank, 411. 

New Hampshire, colonial govern- 
ment in, 28; ratified federal con- 
stitution, 37 note ; constitutional 
amendment process, 243 ; legisla- 
ture, 251, 254; governor, 267 ; board 
of commissioners, 304; county offi- 
cers, 310 ; suffrage restrictions, 354 
note, 360 note ; direct primary, 368 
note; educational rank, 411. 

New Jersey, colonial government in, 
29, 30; plan of union, 35; ratified 
federal constitution, 37 note; con- 
stitutional amendment process, 244 
note ; legislature, 254 ; governor, 
267, 276 (4) ; chosen freeholders, 
304; county officers, 310; boroughs, 
327 ; suffrage restrictions, 354 note ; 
direct primary, 368 note ; party 
convention, 383 (7) ; jury commis- 
sioner, 285 note ; equity courts, 289 
note ; educational rank, 411. 

New Mexico, constitutional amend- 
ment process, 244 note ; legislature, 
254; governor, 267; board of com- 
missioners, 305 ; county officers, 
311; suffi'age restrictions, 354 note; 
referendum, 380; educational rank, 
411. 

New York, colonial government in, 
28-30 ; taxes, 33 ; tariff, 33 ; ratified 
federal constitution, 37 note; con- 
stitutional amendment process, 244 
note ; senatorial districts, 251 ; as- 
sembly districts, 252; legislature, 
246, 254; governor, 267 ; salary of 
judges, 282; board of supervisors, 
303, 304 ; county officers, 310 ; vil- 
lages, 327; suffrage restrictions, 354 
note; registration in, 365; direct 
primary, 368 note ; inheritance tax, 



12 



INDEX 



References are to pages 



391; educational rank, 411 ; student 
loan fund, 415 (9). 

New York City, growth of popula- 
tion, 331 ; Tweed Ring in, 33. 

Nig-ht Court, 280. 

Nobility, title of, prohibited, 436, 
437. 

Nominating- methods, 366-370 ; 
self-announcement, 366; caucus 
primary, 367 ; delegate convention, 
367; direct primary election, 368- 
370; petition, 368. 

Non-partisan ballots, 376-379. 

North Carolina, colonial govern- 
ment in, 29, 30 ; ratified federal 
constitution, 37 note ; constitutional 
amendment process, 244 note; leg- 
islature, 254; governor, 267, 272; 
board of commissioners, 305 ; county 
officers, 311 ; townships, 319 note ; 
suffrage restrictions, 354 note, 3(50 
note; educational rank, 411. 

North Dakota, constitutional 
amendment i^rocess, 244 note ; leg- 
islature, 254 ; governor, 267 ; board 
of commissioners, 304; county offi- 
cers, 310; suffrage restrictions, 354 
note; direct primary, 368 note; in- 
itiative and referendum, 380; edu- 
cational rank, 411. 

Officers. See title of respective offi- 
cers ; also Employees. 

Ohio, constitutional amendment pro- 
cess, 244 note ; legislature, 254 ; gov- 
ernor, 267 ; board of commissioners, 
304 ; county officer, 310 ; Home Rule 
in, 341; suffrage restrictions, 354; 
initiative and referendum, 380 ; edu- 
cational rank, 411, 

Oklahoma, constitution, 245; consti- 
tutional amendment process, 244 
note ; legislature of, 254, 262 note ; 
governor, 267 ; board of commis- 
sioners, 305; county officers, 311 ; 
suffrage restrictions, 354 note, 360; 
direct primary, 368 note ; initiative 
and referendum, 380; educational 
rank, 411. i 

Ordinances, town and city, 247, 332; I 



village, 329; Galveston, 335; Day- 
ton, 339; segregation, 351 (19). 

Oreg-on, constitutional amendment 
process, 244 note ; legislature, 254, 
262 note; governor, 267; commis- 
sioners and county judge, 305; 
county officers, 311; suffrage re- 
strictions, 354 note; woman suf- 
frage, 355 ; direct primary, 368 note ; 
initiative, referendum, and recall, 
245, 380 ; ten hour law, 207 ; Peo- 
ple's Power League, 276 (3) ; edu- 
cational rank, 411. 

Orphans' Court, 279. 

Panama Canal, rates of tolls, 118 
note; receipts, 137; expenditure, 
141. 

Panama Canal Zone, government 
of, 223-225. 

Parcel post, 16, 23, 24, 162. 

Pardon, power of President, 119, 439 ; 
power of governor, 272. 

Parishes, 301 note. 

Parole, 119, 160. 

Parties, political, organization of, 
227, 228; platforms, 228-231, 358; 
machinery of, 235, 236; finances of, 
236-238; importance of, 365, 366. 

Party-column ballots, 373, 374. 

Party machinery, 235, 236. 

Pasadena, sewage disposal, 345. 

Passports, 133. 

Patents, defined, 81 ; federal bureau 
of, 169; how obtained, 170; fees, 
137 note ; power of Congress over, 
42, 435; recommendations, 167; sub- 
stitute of royalties to inventors ad- 
vocated, 231 (7). 

Peace, breach of the, 432; cost of 
war in time of, 156. 

Pennsylvania, colonial government, 
29,30; ratified federal constitution, 
37 note; constitutional amendment 
process, 244 note; legislature, 254, 
264; governor, 267; constabulary, 
270; extra duties of grand jury, 
283 note; board of commissioners, 
304, 306 ; county officers, 310 ; 
boroughs, 327 ; suffrage restrictions, 



INDEX 



13 



References are to pages 



354 note ; direct primary, 368 note ; 
educational rank, 411. 

Pensions, office, 170, 171 ; old age, 
178 (3) ; 230, 231 ; appropriations 
for, 141 ; recommendations regard- 
ing, 162 ; generous pensions prom- 
ised, 229; constitutional provision, 
450. 

Peoples Power League, 276 (3). 

Petition, right to assemble and, 211, 
445 ; nomination by, 368. 

Philippine Islands, government of, 
221-223; fortification and adminis- 
tration, of, 151 ; retention of, advo- 
cated, 229 ; greater self-government, 
230; delegates from, 232 note. 

Piracies, 435. 

Plaintiff, defined, 199, 199 note, 290. 

Plant Industry, bureau of, 172. 

Platforms, political party, 228-231. 
See Parties, political. 

Police courts, 280. 

Police, State, 4, 269; Pennsylvania, 
270; Massachusetts, 269; Texas, 
270; city, 4, 5, 7. 

Policewomen, 345, 346. 

Political parties, 227-238. See Par- 
ties, political. 

Poll taxes, as suffrage restriction, 
361, 362; State and local revenue 
from, 387-389 ; constitutional restric- 
tion, 436. 

Poor, in institutions, 8 ; protection 
of, 15. 

Population, of cities, 331. 

Pork barrel legislation, 98, 99. 

Porto Rico, government of, 219-221 ; 
greater self-government, 230; dele- 
gates from, 232 note. 

Postmaster-General, 160-161. 

Postmasters, 112 note, 161 note. 

Post-offices, defined, 435 note 
power of Congress over, 42, 435 
service, 80; development of, 16 
receipts from, 137; expenditures of, 
141; department of, 160-163: parcel 
post, 16, 23, 24, 162 ; post-roads, 42, 80. 

Post-roads, power of Congress over, 
42, 80, 435. 

Poverty, causes of, 426 (2). 



Powers, division of, 41 ; national 
government, 42 ; separation of, 46 ; 
of Congress, 69-84; expressed, 69- 
81, 83; implied, 82, 83, 84; of State 
legislatures, 255. 

Preamble of the United States 
Constitution, 429. 

Presentment, 283, 

Presidency, succession to the, 109, 
438. 

President, 104-120 ; veto power, 47, 
118, 231 (11) ; as political boss, 48; 
qualifications of, 104 ; election of, 
104-109 ; term of, 109 ; succession of, 
109; compensation of, 110; duties 
and powers of, 111, 123; appoint- 
ments by, 111-113, 181 ; removal by, 
113; treaty power, 114; military 
powers of, 115, 116 ; messages of, 
116; extra legal methods of, 119; 
pardoning power of, 119 ; independ- 
ence of, 119; commander-in-chief, 
151, 158, 189 ; investigations for, 188, 
190; nomination of, 234; compared 
to governor, 268 ; constitutional 
provisions, 433, 434, 437^40, 448. 

Press, freedom of the, 210, 211, 255 
note, 445. 

Primary, 367. 

Primary, direct, 368-370, 235; city, 
337, 340; closed, 369; open, 369; 
New Jersey ticket, 370. 

Prisons, federal, 119, 159; director 
of, 160. 

Privileges and immunities, of 
congressmen, 64, 432; of State leg- 
islators, 253; of State citizens, 45, 
449 note. 

Probate courts, 279. 

Probation, in Buffalo, 215 (8) ; in 
juvenile courts, 281 ; officer, 281. 

Procedure, civil, 289-292, 278 note ; 
criminal, 294-298. 

Procedure, in Congress, 89-100; in 
State legislatures, 258-260. 

Progressive party, 228; expendi- 
ture of, 237. 

Prohibition (liquor) , in Alaska, 219 ; 
state-wide, 420 ; map, 421 ; nation- 
wide, 422. 



14 



INDEX 



References are to pages 



Prohibition party, platform, 230, 
358. 

Property, defined, 207 note; taxes, 
387, 388 ; general tax, 390, 391 ; con- 
stitutional provisions, 446, 449. 

Proportional representation, 231. 

Proprietary colonies, 29. 

Public debt, interest on federal, 141 ; 
restrictions on State, 255 note. 

Public education, 394-412. See Ed- 
ucation. 

Public Health Service, United 
States, 5-7, 136 note. 

Public lands, sale of, 137. 

Public ownership, advocated, 230, 
231 

Public schools, administration of, 
402; appointment of funds, 404; 
revenue for, 430. See pp. 394-412. 

Pure food, power of Congress con- 
cerning, 74, 87 (14). 

Qualifications of federal officers : 
representatives, 60, 65 ; senators, 61, 
65; President, 104, 122; Vice-presi- 
dent, 120, 123; constitutional pro- 
visions, 429, 431, 432, 438, 444, 448, 451. 

Qualifications on suffrage, 352- 
362. 

Quarantine, 6, 7, 70, 136 note, 171. 

Quorums of Congress, 432, 448. 

Race, suffrage restriction prohibited, 
352, 361, 451. 

Railroads, federal regulation of, 72- 
75, 87 (13), 183; federal ownership 
advocated, 230. See Interstate Com- 
merce Commision. 

Recall, of State officers, 379, 380 ; of 
city officers, 337, 340, 379; advo- 
cated by political parties, 230, 231 ; 
progress of, 380. 

Reclamation bureau, 168. See Ir- 
rigation. 

Reference bureau, legislative, 258, 
259. 

Referendum, advocated by political 
parties, 230, 231 ; in States, 260, 379, 
380; in cities, 260, 337, 340; prog- 
ress of, 380. 



Register of deeds, 310-312. 

Registration of voters, 365. 

Removal, power of, by President, 
113; in Congress, 61, 430, 431, 432, 
438, 439, 440. 

Republic, 25. 

Republican form of government, 
24, 25, 443. 

Republican party, 228; platform, 
229, 358; finance, 237. 

Religious liberty, 210, 255, 444, 445. 

Representation, in Congress, 430, 
450; in Senate, 443; proportional, 
advocated, 231. 

Representatives. See House of 
Representatives. 

Resolutions, joint, 118, note, 433; 
cojicurrent, 433, 434. 

Revenue, federal, 137-142; bills, 65, 
94, 433; internal, 137, 138; disburse- 
ment of, 141. 

Revenue. State, sources of, 387; ex- 
penditure of, 392 ; school, 403. 

Revision of federal constitution, 
48, 443; of State constitutions, 242- 
245. 

River and harbor improvements, 
power of Congress over, 82; legis- 
lation, 98; advocated, 229. 

Rhode Island, colonial government 
in, 29, 30 ; ratified federal constitu- 
tion, 37 note ; colonial charter, 241 ; 
constitutional amendment process, 
244 note ; legislature, 254 ; gov- 
ernor, 267 ; sheriff, 309; county offi- 
cers, 310; suffrage restrictions, 354 
note; educational rank, 411. 

Roads, models of, 11; national aid, 
13, 87 (12) ; advocated, 229, 230. 

Robbery. 293. 

Royal colonies, 28. 

Rules of procedure, in Congress. 
91, 92, 432. 

Rural free delivery, 16, 162, 165 (8). 

Schools, 8 ; elementary, 8, 398 ; high, 
8, 398; county superintendent of, 
310, 311, 313; year-round, 396; ad- 
ministration of public, 402; revenue 
for, 403; apportionment of funds, 



INDEX 



15 



References are to pages 



404; agricultural high, 407. See 
also Education. 

Searchlig-ht on Congress, 101, 2(55 
(9). 

Secret service, 160. 

Secretaries, federal executive, listed, 
121. See the several federal depart- 
ments, 127-177. 

Secretary to the President, 112. 

Secretary of State, federal, 109, 
121, 127 ; State, 274, 268. 

Segregation ordinance, 351 (19). 

Selectmen, board of, 316, 318, 320. 

Senate, federal, creation of, 35; 
equal representation of States in, 
53,443; election of, 49,61, 65; mem- 
bership, term of, and qualifications, 
61, 65; floor plan of Senate cham- 
ber, 62; special functions, 62; ap- 
pointments, 62, 65, 112, 113, 439; 
rules of procedure, 91; abolition 
advocated, 231 ; constitutional pro- 
visions, 429-434, 440, 444, 447. 

Senate, State, 252, 254, 257 ; attempts 
to abolish, 262. 

Senatorial courtesy, 63. 

Separation of powers, 46. 

Serg-eant-at-arms, of Congress, 89; 
of State legislatures, 257. 

Servitude, 206, 352, 449, 451. 

Sessions of Cong-ress, 55 ; long and 
short, 55; extra, 56, 117. 

Sessions of State legislatures, 
253, 254, 272. 

Sewage disposal, 344. 

Sheriff, 4, 269, 286, 291, 309, 311. 

Sherman Anti-trust Law, 74. 

Shipping Board, United States, 229, 
188. 

Short ballot, 374-379 ; organization, 
339, 374 ; movement, 374. 

Silver, coins, 143 ; purchase of, 143 ; 
certificates, 144; legal tender, 209, 
437. 

Slavery, prohibited, 206, 449. 

Smithsonian Institute, 190. 

Social centers, 346. 

Social legislation, 417-425. See 
Charities, Child labor, Children's 
Bureau, Compulsory education. 



Contract labor, Feeble-minded, 
Feminisni, Hospitals, Illiteracy, 
Industrial education. Inequalities 
before the law, Insane, Justice, 
Juvenile courts. Libraries, Liquor, 
Local option. Marriage, Mental 
defectives. Morals, Night courts, 
Parole, Policewomen, Poor, Poverty, 
Prohibition, Short ballot. Unem- 
ployed, Woman suffrage. Work- 
men's compensation. 

Socialism, 23, 24. 

Socialist party, platform, 230, 231, 
358. 

South Carolina, colonial govern- 
ment in, 29, 30 ; ratified federal con- 
stitution, 37 note; gerrymandered, 
59 ; constitutional amendment pro- 
cess, 244 note; legislature, 254; 
governor, 267, 272; board of com- 
missioners, 305 ; county of&cers, 311 ; 
townships, 319 note ; suffrage re- 
strictions, 354 note, 360 note ; direct 
primary, 368 note ; educational rank, 
411. 

South Dakota, constitutional 
amendment process, 244 note ; legis- 
lature, 254; governor, 267; board 
of commissioners, 304; county offi- 
cers, 310; alien vote, 354 note; suf- 
frage restriction, 354 note; direct 
primary, 368 note; initiative, 380; 
educational rank, 411. 

Speaker, House of Kepresentatives, 
federal, 65, 89, 430; State, 257. 

Special sessions of Congress, 56, 
117 ; of State legislatures, 272. 

Speech, freedom of, 211, 214 (5 and 
6) ; in Congress, 64, 432 ; in State 
legislatures, 255 note. 

Spoils system, 181. 

Standard Oil Trust, 15, 75 note. 

State, Department of, 127-134; secre- 
tary of, 127 ; duties, 127-129. 

State, defined, 24; development of, 
19-26: finances, 384-392. 

State constitutions, origin of, 241 ; 
analysis of, 242; revision of, 242; 
partial amendment of, 243; present 
tendencies of, 245 ; authority of, 246. 



16 



INDEX 



References are to pages 



State courts, 278-298. 

State governors. See Governor. 

State legislatures, membership of, 
252; sessions, 253; table of, 254; 
powers of, 255 ; organization of, 256 ; 
legislative procedure, 258 ; lobbying 
in, 259; proposed substitutions for, 
261, 262. 

States, independence of, 44; contro- 
versies between, 194; party com- 
mittees of, 236; admitted to the 
union, 241, 242; educational rank 
of, 410, 411. 

Streets, materials for pavement, 342 ; 
lighting of, 343; billboards, 343. 

Strict construction of the Con- 
stitution, 69. 

Sub-treasuries, 141. 

Suffrage, 352-362; vs. citizenship, 
352; amendment advocated, 355; 
restrictions, 353-362. 

Suffrage, woman. See Woman suf- 
frage. 

Suffragist, 357 note. 

Suffragette, 358 note. 

Suit, at law, 289, 290, 447; in equity, 
291, 447. 

Superintendent of Public In- 
struction, of schools, 274, 310, 311, 
313. 

Superior Courts, 279. 

Supervisors, county boards of, 
table, 304, 305; 320. 

Supreme Court of the United 
States, 193, 197; original jurisdic- 
tion, 197; abolition of certain 
powers of, advocated, 231. 

Supreme Courts of Appeals, 
State, 279. 

Surrogate Court, 279. 

Surveyor, county, 310, 311, 313. 

Tariff, in New York and Virginia, 
33, 34; rates, 78; Underwood- 
Simmons bill traced, 95-97; Com- 
mission, United States, 189; for 
protection, 229; constitutional pro- 
vision, 434. See also Taxes, Cus- 
toms. 

Tax restriction on suffrage, 361. 



Taxation, power, of Congress over, 
75-79, 4;30, 434, 436, 451; power of 
States over, 384-387. 

Taxes, federal, paid directly and in- 
directly, 2 ; in China, 18 (6) ; con- 
federate, 32, 33 ; federal, 42; federal 
income, 49; export, prohibited, 76; 
excise and import, 76, 77; direct, 
76; indirect, 77; customs, 77, 78, 
137-140; corporation, 78; inheri- 
tance, 79; income, 79, 137; revenue, 
137; tonnage duties prohibited, 437. 

Taxes, State, collection of, 274, 383 
note, 391 ; power of levying, 384- 
387; kinds of, 387; income, 389; 
general property, 387, 388, 390; poll, 
387-389; inheritance, 391. 

Temperance legislation. See 
Liquor. 

Tennessee, constitutional amend- 
ment process, 244 note; legislature, 
254; governor, 267; county court, 
303, 305 ; county officers, 311 ; civil 
districts, 319 note ; suffrage restric- 
tions, 354 note ; direct primary, 368 
note; educational rank, 411. 

Territories, government in, 216-225; 
Hawaii, 216-218; Alaska, 218-219. 

Texas, constitutional amendment 
process, 244 note; legislature, 254; 
governor, 267 ; rangers, 270 ; com- 
missioners and county judge, 305; 
county officers, 311 ; commissioners' 
precincts, 319 note ; suffrage restric- 
tions, 354 note ; direct primary, 368 
note; educational rank, 411. 

Textbooks, 414 (5). 

Title of nobility, granting of, pro- 
hibited, 436, 437. 

Torrens system of land registra- 
tion, 326 (12). 

Tonnage duties, 386, 437; defined, 
437 note. 

Town meeting, 316-319. 

Towns, government of, 328; clerk, 
318; taxes, 388; ordinances of , 247 ; 
powers granted to, 255. 

Townships, and towns distinguished, 
314 ; government of, 314-319 ; county- 
township system, 319-321 ; geograph- 



INDEX 



17 



References are to pages 



ical, 321, 324; officers of, 318; trus- 
tees, 320 ; New Euglaud system, 328 ; 
powers granted to, 255; powers of 
New England, 315; county conflict, 
320. 

Treason, defined, 432, 440, 441, 442. 

Treasurer, of the United States, 141, 
145; of the States, 268, 274; of the 
counties, 310-312. 

Treasury, federal department of, 
136-147 ; secretary of, 136, 185, 186. 

Treaties, federal power over, 42, 114, 
439; ratification of, 63, 65; federal 
jurisdiction over, 193, 441; relative 
rank of, 247, 444 ; States' powers to 
make, prohibited, 437. 

Trial, by jury, 296, 441, 441 note, 446, 
447. 

Trusts, law against, 74, 188 ; meaning 
of, 74 note. See Monopolies. 

Trustees, township, 320. 

T-wo-t birds rule, 235. 

Underwood-Simmons bill traced, 
95-97. 

Unemployed, insurance against, 
230; relief of, advocated, 231 (8); 
aid to, 174. 

Unit-rule, 235. 

United States Courts, 193-202. 

Universities, State, 400. 

Utab, constitutional amendment 
process, 244 note; legislature, 254; 
governor, 267 ; board of commis- 
sioners, 305; county officers, 311 ; 
suffrage restrictions, 354 note : 
woman suffrage, 355; initiative and 
referendum, 380; educational rank, 
411 ; eight-hour law, 207. 

Verdict, 291. 

Vermont, constitutional amendment 
process, 244 note; legislature, 254; 
governor, 267 ; extra duties of grand 
jury, 284 note ; assistant judges, 
304; county officers, 310; villages, 
327 ; suffrage restrictions, 354 note ; 
direct primary, 368 note ; educa- 
tional rank, 411. 

Veto, President's, 47, 118, 230, 231, 



433; governor's, 272; mayor's, 329, 
333, 336, 340. 

Vice-President, nomination of, 120; 
qualifications, election, salary, and 
term, 65, 120; president of senate, 
65 ; constitutional provisions, 431, 
433, 437, 438, 440, 448. 

Villages, government of, 320, 327- 
329 ; powers delegated to, 255 ; taxes 
of, 388. 

Virginia, colonial government in, 28, 
29; tariff, 34; plan of union, 35; 
ratified federal constitution, 37 note ; 
religious liberty in, 210 ; freedom of 
speech and of the press in, 211 ; con- 
stitutional amendment process, 244 
note; legislature, 254; governor, 
267; board of supervisors, 304; 
county officers, 310; magisterial 
districts, 319 note ; cities 326 (5) ; 
suffrage restrictions, 354 note ; 360 
note ; educational test, 360 note ; 
direct primary, 368 note; inheri- 
tance tax, 392; educational rank, 
411 ; student loan fund, 414 (9). 

Volunteers, army, 155. 

Vote of two tbirds, 431-433, 439, 
443. 

Votes, for president, table of, 106. 

Voter's League, National, 67 (7), 
101,265 (9). 

Voting, in Congress, 102 (3) ; viva 
voce, 372; by ballots, 373; by Aus- 
tralian method, 371. 

War, 42 ; powers of Congress over, 
81, 435, 437, 441 ; cost of, 156. 

War College, Army, 151-154. 

War department, 151-156; secre- 
tary of, 151 ; cost of military estab- 
lishment, 141. See also Army. 

Wasbington, constitutional amend- 
ment process, 244 note ; legislature, 
254; governor, 267, 272; board of 
commissioners, 305; county officers, 
311 ; suffrage restrictions, 354 note ; 
360 note ; woman suffrage, 355 ; di- 
rect primary, 368 note ; initiative, 
referendum, and recall, 380; educa- 
tional rank, 411. 



18 



INDEX 



References are to pages 



Washing-ton, D. C, 179-181. See 
also District of Columbia. 

Water power, 1(38, 230, 231 . 

Water systems, municipal, 3-44. 

Ways and Means Committee, 93- 
97, 99 note, 190. 

Weights and measures, power of 
Congress over, Bl, 434. 

West Point Military Academy, 
151 note. 

West Virginia, constitutional 
amendment process, 244 note ; leg- 
islature, 254 ; governor, 267 ; county 
court, 304; county officers, 310; 
magisterial districts, 319 note ; suf- 
frage restrictions, 354 note ; educa- 
tional rank, 411. 

Wharves, city owned, 345. 

Wilson, Woodrow, trust legislation 
of, 15 ; nomination of, 235. 

Wisconsin, constitutional amend- 
ment process, 244 note ; legislature, 
254, 200 ; governor, 267 ; board of 
supervisors, 304; county officers, 
310 ; suffrage restrictions, 354 note ; 
direct primary, 368 note; open pri- 
mary, 369; educational rank, 411; 



continuation schools of, 415 (15) ; 
university of, 415 (16) . 

Witnesses, rights of, 44i), 

Woman suffrage, 355-360 ; in 
Alaska, 219; advocated by, 229-231; 
map of, 356; arguments for, 357; 
arguments against, 359. 

Women, laws limiting hours of labor, 
207. 

Workmen's compensation, 246; 
427 (7). 

Writ of habeas corpus, defined, 
436 note ; 45, 111, 210, 212, 255 note; 
436. 

Wyoming, constitutional amend- 
ment process, 244 note ; legislature 
of, 254; governor, 267; board of 
commissioners, 305; county officers, 
311 ; suffrage restrictions, 354 note ; 
360; woman suffrage, 355; direct 
primary, 368 note ; educational I'ank, 
411 ; school superintendent in, 414 
(3). 

Yeas and nays vote, of Congress, 
91, 102 (3), 432, 433; of President 
Lincoln, 122. 



ADVERTISEMENTS 



HISTORY 



The Ancient World. Revised Edition 

By Professor Willis Mason West, of the University of Minnesota, 

Part One, Greece and the East. 12m o, cloth, 324 pages. Price, $1.00. 
Part Two, Rome and the West. i2mo, cloth, 371 pages. Price, ^i.oo. 
Complete Edition. i2mo, half leather, 681 pages. Price, $1.50. 

THE New Ancient World is well within the scope of the abili- 
ties of the youngest students in high schools and academies. 
Its style is simple, direct, vivid, and interesting, and never fails to 
impress even the most immature reader, who carries away from a 
study of this book a series of striking pictures of ancient life. 

The author emphasizes the unity in historical development; 
he shows that national life, like individual life, has continuous 
growth and development, and that a knowledge of the past ex- 
plains the present. Every experiment in government in ancient 
times has its lesson ; and in the hands of Professor West history 
becomes an instrument for teaching the duties of modern citizen- 
ship. 

(i) Most stress is laid on those periods and those persons 
who contributed most to the development of civilization. 

(2) Space is found for the exciting and the picturesque when- 
ever it is matter of historical importance. Narrative and biog- 
raphy abound. 

(3) Little weight is given to the legendary periods of Greek 
and Roman history, and the space thus gained is devoted to the 
wide-reaching Hellenic world after Alexander, and to the Roman 
Empire which had so deep an influence on later history. 

(4) In every paragraph the leading idea is brought out by 
italics, and illuminating quotations introduce many chapters. 

(5) The book teaches the use of a library by giving specific 
references to topics for reports. 

(6) There are forty-six maps and plans, which are made the 
basis of study, suggested by questions given in the text. There 
are also one hundred eighty-one illustrations taken from authentic 
sources. 



HISTORY 



The Modern World 

By Professor WILLIS Mason West, i2mo, half leather, 794 pages. 
Price, ^^1.50. 

THIS volume, intended as a companion to the author's Ancient 
Worlds is a revision of his Modern History. 

As in the Ancient World, there has been a determined effort 
to make a simple history that can be easily understood by 
pupils in the early years of the High School. Interesting phases 
of history are given prominence, difficult ideas have been avoided, 
the language throughout is simple. 

One new feature of the Modern World is five preliminary 
chapters, giving an outline of history from prehistoric times to 
the accession of Charlemagne. These chapters serve as an 
excellent review for a course in Ancient History, or even make 
it possible to use the Modern World to cover the general history 
of the world. 

The book contains nearly two hundred handsome illustrations 
and is provided with fifty-three maps, all but five of which are colored. 

Like the Modern History the book gives especial prominence 
to the period since the French Revolution. The author treats 
with comparative briefness many phases of the history of the 
Middle Ages in order to gain adequate space for the marvellous 
nineteenth century, and so for an intelligent introduction to the 
twentieth. 

Modern History 

By Professor WILLIS M. WEST, With thirty-nine maps and numer- 
ous illustrations. i2mo, half leather, 673 pages. Price, ^1.50. 

THIS well-known work treats European history from 800 to 
the present day. In order to treat adequately the important 
nineteenth century, as much space is given to the period since the 
French Revolution as to the ten preceding centuries. 

There are copious references for further reading, topics for 
special reports, review exercises, and quotations from eminent 
authorities. 

89 



HISTORY 



American History and Government 

By Professor WILLIS MASON WEST. With maps and illustrations 
i2mo, half leather, 814 pages. Price, ;^2.oo. 

THIS volume fuses the study of American history with the 
study of our political institutions in their practical workings 
— each group of institutions being taken up for complete study 
where it may best be understood as a product of progressive 
history. Large place is given to economic and industrial devel- 
opment, as the main explanation of political growth, with clear 
consciousness of the constant interaction between these mighty 
forces. 

Aside from this combination of " History " and " Civics," the 
book is unique in three great features : (i) the large place given 
to the influence of the West ; (2) the attention given to the 
deeply significant labor movements of 1 825-1 840; (3) and the 
story of the recent Progressive movement. Indeed, a fourth 
of the space is given to the last forty years. 

The common delusion of a golden age of democracy in the 
days of Jefferson or of John Winthrop is firmly exposed and cor- 
rected, and the student is surely and skilfully led to look forward, 
not backward. The tremendous problems of to-day, too, are put 
forward with no shading of their difficulties. The book is in no 
sense a special plea ; but it is written in a sincere conviction that 
a fair presentation of American history must give to American 
youth a robust and aggressive faith in democracy. 



A Source Book in American History 

By Professor WiLLiS Mason West. i2mo, cloth, 608 pages. 
Price, $1.50. 

7 "HIS is a companion volume to Amej^ican History aiid Gov- 
ernment. It contains much material never before accessible 
to young students. No extract has been selected unless it has 
some definite articulation with the purpose of the main text. 

90 



HISTORY 



History of England 

By Charles M. Andrews, Farnam Professor of History in Yale 
University. With Maps, Tables, and numerous Illustrations. i2mo, 
half leather, 608 pages. Price, ^1.50. 

AN important feature of this history is the definite method of 
presentation. At the beginning of each period the author 
briefly outlines the character and the tendencies of the time. 
He then elaborates this outline, and before leaving the subject 
summarizes it in a few brief sentences. 

The book teaches that the achievements of the English people 
have been solid and enduring, not dramatic and sensational, and 
concern the more peaceful aspects of human existence — govern- 
ment, legislation, agriculture, industry, commerce, and finance — 
quite as much as the stirring scenes of land battles and sea 
fights. To quote the author : '" History to-day has got rid of 
much of the stage thunder that passed current in the older nar- 
ratives. It points to the industry that underlies wealth, and to 
the wealth that makes military* success possible. It lays stress 
upon the national or social conditions that render the great stat- 
ute or legislative act necessary, and upon the pressure of food or 
population and the spurring of religious conviction that urge men 
to brave the sea and undertake colonization. It calls attention 
to the deep significance of peasants' rebellions, religious revivals, 
and industrial revolutions in preparing the way for the rise of 
democracy and the transformation of the social life of a nation." 

The book contains seventeen maps ; a large number of genea- 
logical tables ; seventy-four well-executed illustrations taken from 
authentic sources ; a facsimile of a section of the Magna Carta ; 
and reproductions of drawings on early manuscripts. 

A carefully selected Hst of books that will be useful in any 
school library, a detailed chronological table, and bibliographies 
covering the best and most recent works, add to the usefulness of 
the history. 

The book has numerous foot-notes which refer definitely to 
original sources by volume and page number. 

91 



HISTORY 



A Short History of England 

By Charles M. Andrews, Farnam Professor of History in Yale 
University. With Maps, Tables, and numerous Illustrations. i2mo, 
half leather, 473 pages. Price, ^1.40. 

THIS history of England aims to present within the compass 
of about 400 pages the main features of England's story from 
earliest times to the present day. The book traces in rapid sur- 
vey the development of the people and institutions of England 
from Anglo-Saxon times to the close of the year 191 1, and shows 
by what steps the primitive organization of a semi-tribal people has 
been transformed into the highly complicated political and social 
structure of the United Kingdom and the British Empire. It re- 
tains on a smaller scale the essential characteristics of the larger 
work by the same author, with some additions, chiefly of a 
geographical and biographical character, and many omissions 
of details. 

The author tells a clear and simple story, avoiding technical 
expressions and yet passing over no important feature of the 
history that is necessary for the proper understanding of the 
subject. 

The aim of the book is to be instructive as well as interesting. 
The narrative is made as continuous as possible, that the pupil 
may follow in unbroken sequence the thread of the story. It is 
accompanied with a large number of newly selected illustrations 
and an ample supply of maps and chronological tables. The 
elaborate bibliographies contained in the larger work have been 
omitted and only a small but selective list of the best books in 
brief form has been retained. The history has been brought 
down to date in matters of scholarship as well as chronology, and 
contains many views and statements not to be found in the larger 
work. It is designed as a text-book for half-year, or elementary 
courses, but it might well be used by any reader desiring a 
brief and suggestive account of the main features of England's 
history. 

92 



HISTORY 



History of the United States 

By the late CHARLES K. ADAMS, and Professor W. P. TRENT, of 
Columbia University. i2mo, half leather, 630 pages. Price, ^1.50. 

THE authors have laid the stress on the two crises of Ameri- 
can history — the' Revolutionary War and the Civil War. 
They ha,ve treated both these periods very fully, and have en- 
deavored in the case of the first to present the side of Great 
Britain with fairness, while, at the same time, bringing out the 
necessity of the struggle, and the bravery and wisdom of the 
American patriots. In dealing with the period of the Civil War 
they have aimed to give the Southern side with sympathy and, 
while upholding the cause of the Union, have sought to avoid 
recrimination, and to give each side credit for its sincerity and 
bravery. The other periods of our history have not been unduly 
subordinated to the great crises, but have been so treated as 
to lead up to them. The process of the making of the Consti- 
tution and the various developments in its interpretation have 
been fully studied. While emphasis has necessarily been laid 
on the political and military features of our history, the social, 
industrial, scientific, and literary development of the country has 
been given due space. 

The following are some of the special features of the book : 

Thirty-six maps, of which Lineteen are colored. 

Two hundred and three illustrations, reproduced from authentic 
sources. Especial care has been taken to include the best pos- 
sible portraits of eminent men. Some of these were taken from 
private collections and have not been published before^ 

A full chronological table. 

Foot-notes which describe the lives of persons mentioned in 
the text, in order that the narrative shall not be interrupted at 
the appearance of each new name. 

The great development of the United States during the past 
decade makes it imperative that an adequate history be kept up 
to date. The present edition covers the period to March, 1913, 
and contains a full account of the chief events of President 
Taft's administration. 

93 



